On the agenda: Littleton meeting — automated license plate (Oct 7)

Town of Littleton
Board of Health
BOH AGENDA

Received: AS
Date/Time: 10/5/26 – 1:15 PM
Revised:
Date/Time:

VIRTUAL MEETING VIA ZOOM October 7th, 2026
7:00PM
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Discussion: Data Centers

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Discussion: Private Well Regulations

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Discussion: Liquefied Natural Gas

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Discussion: Stormwater

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ID Decision Support Tool: Board Discussion on Community Illness and Prevention

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Administrative Matters
o Meeting Minute Approval—9/23/2026
o Meeting Minute Approval—6/24/2026

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Correspondence

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Board Member Updates, Comments for Discussion, and Public Input

Included in Meeting Packet:
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BOH Agenda 10/7/2026

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BOH Minutes 9/23/2026

*(f) After notifying the chair of the public body, any person may make a video or audio recording of an open session of a meeting of a public body, or may transmit the
meeting through any medium, subject to reasonable requirements of the chair as to the number, placement and operation of equipment used so as not to interfere with
the conduct of the meeting. At the beginning of the meeting, the chair shall inform other attendees of any recordings.

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BOH Minutes 6/24/2026

*(f) After notifying the chair of the public body, any person may make a video or audio recording of an open session of a meeting of a public body, or may transmit the
meeting through any medium, subject to reasonable requirements of the chair as to the number, placement and operation of equipment used so as not to interfere with
the conduct of the meeting. At the beginning of the meeting, the chair shall inform other attendees of any recordings.

Town of Littleton
Board of Health
Meeting Minutes - Draft
June 24th, 2026
Virtual meeting
BOH Members Present: Daniel Kane, Vice Chair; Matt Wayson, Kevin Davis; Members, Libby
Donegan; Clerk
BOH Members Absent: Kevin Baker, Chair
Health Department Staff Present: Kelli Calo
Members of the Public Present:

Dan called the meeting to order at 7:00 PM. Dan said the first order of business was to appoint Kelli
Calo as the new Health Director for the Town of Littleton, pending background and Select Board
approval. Matt described the interview process. Matt said that the Select Board is scheduled to meet on
7/13, after which Kelli’s start date can be negotiated. Kevin to confirm Mark Rambacher of the
Select Board that Kelli’s confirmation is on the 7/13 agenda. Kevin proposed a motion to appoint
Kelli Calo as Health Director effective 7/13/26 at Grade 16, Step 7, subject to Select Board Approval.
Libby asked to present public questions. Libby asked if other candidates were interviewed. Matt said
one applicant was interviewed based on standard procedure. Libby asked if Town Bylaws were
followed. Matt said yes, and that the HR Director was involved. Libby seconded the motion. Roll Call:
Kevin Davis-yes, Dan Kane-yes, Matt Wayson-yes, Libby Donegan-yes. The motion passed 4-0.
Dan added that there were 12 candidates for the position. Dan asked Kelli to introduce herself. Kelli
introduced herself to the attendees.
Discussion—Private Well Regulation: Kevin asked if anyone had worked on the table; Libby said she
sent the table to Kevin Baker. Libby to send the table to Dane Kane. Kevin asked about the status of
reworking policy wording.
The Board resumed its discussion at the Well Construction Requirements section. Kevin asked to
compare this to the draft language received from MassDEP. The Board reviewed the Geothermal Well
Construction Section. Matt asked if a homeowner should be required to apply for a permit to operate
irrigation wells. The Board discussed this issue with no resolution. Kevin said he had reached out to the
Agricultural Commission on the Agricultural Wells Section and received feedback. Dan to consult with
the Agricultural Commission regarding this feedback.
Matt argued that constructing drinking water wells where municipal water was available should not be
prohibited. The Board discussed this issue. Libby asked if water quality testing and well construction
permitting would be a mandate or suggestion. Dan said testing new private wells or wells undergoing a
change of ownership would be recommended. Kevin and Dan discussed annual water testing when there
was a water line in front of the property. Libby asked about the inspection process, and Dan confirmed

private drinking water wells would have the same requirements. Kevin the Town requires regular
testing. Dan expressed concerns about developing a two-tier regulation based on drinking water lines.
Dan and Kevin discussed this matter. Libby asked about the annual cost burden of regular well water
testing. Libby asked what aquifers the Town draws from. Matt explained the Town may be drawing
from any aquifers. Kevin said language can be used in case a homeowner’s existing drinking well fails
and a new one needs to be built. Kevin and Matt discussed RO units on public versus private wells. The
Board tabled the discussion. Kevin proposed several ways to remove PFAS from water other than RO.
Kevin to merge documents from 2023 and 2024. The Board tabled the discussion.
ID Decision Support Tool: Matt said wastewater levels continue to be low and that there was a glitch
showing a false COVID-19 case for July 2026. There were no COVID-19 cases reported. Matt said
arborvirus cases for EEE and West Nile Virus continue to be low. Matt said no mosquitoes have tested
positive. Matt said the respiratory virus season had concluded. Kevin asked if conversations he had with
Francis Dagle on the number of vaccine clinics could be passed onto Kelli Calo. Dan agreed. Matt said
that international viruses in the news did not pose a current threat to Littleton.
Administrative Matters:
Dan asked the Board to review the minutes for 6/10/2026. The Board discussed public correspondence.
Matt asked about the 6/24/2026 minutes. Kevin said a new Health Department Administrator could be
hired upon Kelli’s official appointment. Dan said Sophia Lindstrom would provide interim coverage,
and that on Kevin Baker’s return, they could arrange communication procedures for Board members.
Dan asked for Board Member updates. Matt asked about natural gas storage. Kevin suggested reaching
out to the Select Board on the matter, but that he heard last that the Board was responsible for areas of
nuisance such as odors and noise. Kevin said he had not heard from Town Administrators or the Select
Board on where the Board of Health needed to intervene. Libby said she met with Mark Rambacher,
who suggested they might not have purview, but that she previously received conflicting. Kevin said it
was within the Board’s purview to address nuisance issues. Libby said she wanted to hear from National
Grid on decibel levels and environmental impact. Dan discussed the challenges of proactively
addressing these concerns. Libby asked to have a representative at the 7/9 Planning Board meeting.
Kevin agreed. Kevin Baker to request representation at the 7/9 Planning Board meeting. The Board
discussed. Kevin said CMR 73-10 allowed the Board to act proactively against issues of disturbance.
Kevin said CMR-752 allowed for enforcement on this matter. Dan to reach out to Kevin Baker on this
issue. Libby expressed interest in attending the 7/9 Planning Board meeting, and that she may be there
on behalf of the Sustainability Committee. Kevin said he would also like to attend. Dan directed public
attendees to the Town Website page regarding the LNG facility. The Board confirmed that the LNG
facility is in a Residential Zoning district, and that the vaporization equipment would be in Littleton.
Board Member Updates:
Kevin made a motion to adjourn the meeting. Matt seconded. Roll call, Kevin Davis-yes, Dan Kane-yes,
Matt Wayson-yes, Libby Donegan-yes. The meeting concluded at 8:30 PM.
List of Presented Documents
Private Well Regulation Draft

Town of Littleton
Board of Health
Meeting Minutes - Draft
September 23rd, 2026
Virtual Meeting
BOH Members Present: Kevin Baker, Chair; Dan Kane, Vice-Chair; Libby Donegan, Clerk; Matt
Wayson, Kevin Davis, Members
BOH Members Absent:
Health Department Staff Present: Kelli Calo, Health Director
Members of the Public Presenting: Mike Hugo, Massachusetts Association of Boards of Health

Mr. Kane called the meeting to order at 7:00 PM.
Discussion: Data Centers
Mr. Baker said the Board previously discussed taking a public stance on data centers. Ms. Donegan said
several members of Town leadership are forming a Data Center Working Group at the 9/26 Select Board
meeting. Ms. Donegan said the Board should prioritize collaboration with Town leadership, as she was
asked to join the Working Group as a concerned citizen, not a Board member. Dr. Wayson said the Board
“expects to be invited” to the Working Group. Mr. Baker said he was not invited; Ms. Calo said the
Board could nominate a representative for the Working Group and then reach out to the Working Group
about involvement. Mr. Davis nominated himself, Ms. Calo, and Ms. Donegan to represent the Board.
Mr. Baker made a motion for Ms. Calo to conduct Working Group outreach and to elect Ms. Donegan
and Mr. Davis as Board representatives. Mr. Davis seconded. Roll call, Kevin Baker—yes, Dan
Kane—yes, Libby Donegan—yes, Matt Wayson—yes, Kevin Davis--yes. The vote passed 5-0.
Discussion: Rodenticides and Pesticides
Ms. Calo said a concerned citizen asked the Board to sponsor their campaign against rodenticides at the
10/27 Town Meeting. Ms. Calo said citizens also oppose pesticides, but the Board never sponsors
campaigns at Town Meetings. Ms. Donegan said the Select Board is currently meeting on the Town
Meeting Warrant; Ms. Donegan said emergency waivers are included. Ms. Calo said the Warrant only
bans rodenticides on Town-owned property. Mr. Kane said the Board should supervise related Variances.
Discussion: 40U
Ms. Calo said the Town is proposing Chapter 40U, concerning unsightly properties, at the 10/27 Town
Meeting. Chapter 40U requires the Board to enforce fines upon owners of these properties. Ms. Calo
said she is working with one such property and has made significant progress through 105 CMR 410
(minimum human habitation standards). Ms. Calo said Chapter 40U could levy fines up to $500/day.

Ms. Calo said a meeting with an attorney on this topic was cancelled. Ms. Donegan wrote a letter for
Kyle Bubp of the Select Board to read at the Select Board meeting, arguing that 40U unfairly targets the
elderly and those with disabilities. Mr. Davis asked if the Board could fine these properties
independently. Ms. Donegan said an attorney at the Select Board meeting suggested Chapter 40U
connects people to care, but this language does not actually exist in Chapter 40U. Ms. Donegan said
Chapter 40U would fine homeowners $300 initially and then $500 each day following; homeowners
would also be responsible for cleanup costs. Ms. Donegan said Chapter 40U does not address the cause
of hoarding. Ms. Calo said 105 CMR 410 has power that should be utilized more frequently.
Mr. Kane said while the Town seems to be trying to streamline its services, implementing Chapter 40U
would add an enforcement arm. Mr. Kane asked how the Board and a municipal hearing officer would
enforce Chapter 40U together. Ms. Donegan said that according to the Select Board meeting, a
municipal hearing officer would levy the Chapter 40U fines. Mr. Davis said Chapter 40U seemed overly
punitive and suggested saying so at Town Meeting. Mr. Baker said the Town may have proposed
Chapter 40U because the Board has been “unresponsive” in the past; this could be an opportunity to
propose an alternative to Chapter 40U. Ms. Calo explained the current complaint and inspection process
for unsightly properties and said the first of two current complaints has made progress with help from
Elder and Human Services. Mr. Kane said while 105 CMR 410 does not apply to commercial buildings,
other Board policies on nuisances do. Dr. Wayson asked if Chapter 40U would be an “umbrella of
fines,” and said the Board should investigate possible avenues to help owners of these properties. Ms.
Donegan said residents are concerned about unsightly properties impacting their property values, but
that “punitive” fines were not the answer. Ms. Calo provided her contact information for concerned
residents looking to report unsightly properties.
Discussion: Private Well Regulations
Mr. Baker said Littleton Well Regulations V1.10.11.23 was recovered. Mr. Kane said he had not
received a response from the Agriculture Commission, who had asked the Board to exclude the term
“irrigation” from the definition of “agricultural well.” The Board clarified testing requirements in the
Water Supply Certificate section. Ms. Calo offered to send a letter on testing requirements to all
submitted Title 5s. Ms. Calo said the Board’s fee schedule and Well Regulation fees do not match and
recommended using only the fee schedule. The Board discussed. Mr. Davis described obstacles to
establishing recommended testing intervals; Ms. Donegan suggested recommending testing every 10
years and after adverse events (i.e. floods). Mr. Hugo said the Board should ask the Assessor’s Office to
send an alert when they receive an application for a Municipal Lien Certificate. The Board can then
notify the purchaser. Ms. Calo said this could be configured in Open Gov. Dr. Wayson said the State
recommends well testing every 10 years while Littleton requires annual testing for rental properties; he
asked if testing should be required. Ms. Calo offered MassDEP’s recommendations.
Mr. Kane clarified that the Board would remove their recommendations in favor of DEP’s recommended
intervals and testing parameters; the Board will keep requirements for transfers, and annual water testing
for rental properties and irrigation wells. Ms. Calo said the Board’s recommendations for irrigation wells

were not requirements. The Board opted to use DEP’s testing recommendations. Mr. Kane said it would
be difficult to require homeowners to provide testing results to buyers. The Board opted to remove the
requirement for homeowners to provide testing results to buyers. The Board debated whether to
recommend or require irrigation wells to test for E. coli and Nitrate/Nitrite. Ms. Donegan said this was
covered under State recommendations. The Board decided not to require annual testing for E. coli and
Nitrate/Nitrite for irrigation wells. The Board debated whether to ban drinking wells from being
constructed where Municipal water is available and struck this requirement.
Mr. Baker asked if geothermal well regulations should be separate from the proposed Well Regulations;
Mr. Davis said if geothermal wells were included, drinking water requirements would be imposed on
non-potable geothermal systems. Ms. Calo added that DEP already regulates geothermal wells. Mr.
Baker asked if the Board could use DEP regulations for geothermal wells instead of their own; Ms. Calo
said they could. The Board determined to refer to DEP regulations for geothermal well regulations, but
that dual-use geothermal wells must comply with DEP and Town well regulations. Mr. Hugo suggested
the Board hold a Public Hearing on the proposed Well Regulations and advertise it in The Lowell Sun
two weeks prior. Ms. Calo said Town Council also requested to review the Well Regulations. The Board
chose to provide the proposed Well Regulations to Town Council for review.
Discussion: Staffing
Ms. Calo noted that Littleton’s growth has exacerbated a Health Department understaffing problem and
recommended hiring an additional Health Inspector. She said the Health Department will work with the
Town Accountant, Town Manager, and Select Board among others to develop an approved budget, but
that the FY28 budget is already tight. Ms. Calo said Littleton is a local outlier for having no Sanitarian,
and that Littleton does not meet NAACHO’s staffing recommendations. Mr. Baker said the Health
Department has no capacity for inspections, but that a Sanitarian could create capacity. Ms. Donegan
said a Sanitarian would allow for more revenue streams through fines. Mr. Kane noted the immediate
necessity of Title 5 and food inspections. Ms. Calo confirmed that the Health Department cannot meet
State statutes due to understaffing. Dr. Wayson reviewed impacts of understaffing, such as retention. Mr.
Hugo recommended the Westford Group as one solution to understaffing. Ms. Calo said she spoke with
Ms. Ray Dick of the Westford Group, who supports Littleton joining if they cannot attain further
staffing. Mr. Hugo volunteered to work with the State to facilitate this. Mr. Baker said the Health
Department also needs a Mental Health Social Worker, which could be attained through a shared service
such as the Westford Group. Ms. Calo said she required consensus to request a full-time Sanitarian and
Social Worker in their proposed budget. Dr. Wayson asked if the Social Worker would be full or parttime; Ms. Calo said she reached out to Ms. Liz Treitak of Elder and Human Services about sharing the
position with them. Mr. Baker made a motion for Ms. Calo to request a full-time Sanitarian and parttime Behavioral Health Social Worker in the FY28 Health Department budget. Dr. Wayson seconded.
Roll call, Kevin Baker—yes, Dan Kane—yes, Libby Donegan—yes, Matt Wayson—yes, Kevin
Davis--yes. The vote passed 5-0.
ID Decision Support Tool: Board Discussion on Community Illness and Prevention

Dr. Wayson reported low risk for EEE and moderate risk for West Nile virus, with 5 cases in Middlesex
County and 0 cases in Littleton. Dr. Wayson said Mass DPH released COVID-19 and influenza vaccine
recommendations: everyone “should” get flu and COVID-19 vaccinations except vaccinated children
between 2-18, who “may” get the vaccines. Those over 65 “should” receive two doses, one six months
after the first. Dr. Wayson asked how the Board could improve upon 2025’s vaccination rates. Ms. Calo
said Littleton is holding vaccination clinics on 10/7 and 10/14. Ms. Donegan recommended the CVS
Pharmacy in Littleton for those not attending the clinic. Ms. Calo said she is posting flyers and working
with Ms. Susan Sama, Public Health Nurse, on online education. Ms. Calo said masks were available
and that the Health Department ordered up to 400 flu and COVID tests. Ms. Calo said the Town’s clinics
were almost at capacity, with 80 sign-ups on 10/7 and 70 on 10/14. They had previously added capacity
from 60 slots per day to 80. Dr. Wayson recommended posting in Municipal buildings and on signage
boards in Town. Mr. Baker said social media was the Board’s strongest tool; Ms. Donegan also
recommended the broadcaster at Elder and Human Services. Ms. Calo said Littleton does not have an
internal vaccination program, so the Health Department must work with a local pharmacy.
Administrative Matters
Meeting Minute Approval—9/9/2026: Mr. Davis made a motion to approve the 9/9/2026 Meeting
Minutes as presented. Ms. Donegan seconded. Roll call, Kevin Baker—yes, Dan Kane—yes, Libby
Donegan—yes, Matt Wayson—yes. Kevin Davis--yes. The vote passed 5-0.
Board Member Updates, Comments for Discussion, and Public Input
Mr. Kane said the Select Board has discussed the Town Meeting Warrant; Article 2 will move the Town
Charter to the State House for review through the legislature. Mr. Kane said the new Warrant will make
the Board appointed. There will be a vote on the Warrant at the 10/27 Town Meeting. Mr. Hugo said the
Board should oppose being appointed rather than elected at Town Meeting. Mr. Hugo volunteered his
service to help Mr. Baker prepare his case. Ms. Donegan said the Town voted to adopt the Climate
Action Plan, which is best supported by local democracy, not an appointed board.
Dr. Wayson made a motion to adjourn the meeting. Mr. Kane seconded. Roll call, Kevin Baker—yes,
Dan Kane—yes, Libby Donegan—yes, Matt Wayson—yes, Kevin Davis--yes. The meeting
adjourned at 9:04 PM.
List of Presented Documents
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BOH Agenda 9/23/2026
BOH Minutes 9/9/2026
Littleton Well Regulations V1.10.11.23
Littleton Staffing Data
NACCHO-2022 Profile Report
Pages from Select Board Meeting Packet 9/14/2026

Town of Littleton
Littleton BOARD OF HEALTH REGULATIONS FOR
PRIVATE WELLS
October 30, l989
Amended:

Table of Contents
Page

I.
II.
III.
IV.
V.
VI.
VII.
VIII.
IX.
X.
XI,
XII.
XIII.
XIV.
XV.
XVI.
XVII.

Purpose .................................................................. 2
Authority ................................................................ 2
Definitions ............................................................. 2
Well Construction Permit ....................................... 5
Water Supply Certificate......................................... 6
Well Location and Use Requirements ................... 7
Water Quantity Requirements................................ 8
Water Quality Requirements.................................. 11
Well Construction Requirements ........................... 12
Geothermal Well Construction .............................. 18
Irrigation Well Construction .................................. 19
Agricultural Well Construction. ............................. 20
Decommissioning Requirements ............................ 20
Enforcement ........................................................... 21
Hearing .................................................................. 21
Appeal .................................................................. 21
Penalties .................................................................. 22

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XVIII.
XIX.
XX.
XXI.

I.

Variance .................................................................. 23
Severability ............................................................. 23
Effective Date ......................................................... 24
Disclaimer ............................................................... 24

PURPOSE

The purpose of this regulation is to provide for the protection of the public health, safety, welfare
and the environment by, among other things, requiring the proper siting, constructing and testing of
private wells.
II.

AUTHORITY

These regulations are adopted by the Littleton Board of Health, pursuant to its authority under
Massachusetts General Laws, Chapter 111, section 31. These regulations supersede all previous
Regulations for Private Wells adopted by the Board of Health.
III.

DEFINITIONS

Unless the context or subject matter requires otherwise, the following words and
phrases shall, for the purposes of this document, have the meanings specified in this
section.
Words and phrases used in the present tense include the future; words and phrases
used in the masculine gender include the feminine and neuter; and the singular
number includes the plural and the singular.
Words and phrases not defined in this section shall have their conventional meanings
unless expressly stated otherwise.
Abandoned Water Well: a well that meets any of the following criteria; (1)
construction was terminated prior to completion of the well, (2) the well owner has
notified the local Board of Health that use of the well has been permanently

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discontinued, (3) the well has been out of service for at least one year, (4) the well is a
potential hazard to public health or safety and the situation cannot be corrected, (5) the
well is in such a state of disrepair that its continued use is impractical, or (6) the well
has the potential for transmitting contaminants from the land surface into an aquifer or
from one aquifer to another and the situation cannot be corrected.
Agent: Any person designated and authorized by the Board to implement, in whole or part, these
regulations. To the extent provided by the Board, the agent shall have all the authority of the Board
and shall be directly responsible to the Board and under its direction and control.
Agricultural Well: a non-potable well used for watering livestock, aquaculture, or for other
purposes related to farming
Alter a Well or Well Alteration: Change the structural or hydraulic characteristics of a well
including but not limited to deepening, decommissioning, performing Well Yield Enhancement, or
performing casing extension, replacement, perforation or repair.
Applicant: any person who applies to construct a private well.
Aquifer: a geologic formation, group of formations, or part of a formation that contains sufficient
saturated permeable material to yield significant quantities of water to wells and springs.
Artesian Aquifer: an aquifer that is bound above and below by impermeable material or materials or
distinctly lower permeability than the aquifer itself. The water in an aquifer confined in this manner
will rise in a drilled hole or well casing above the point of initial penetration (above the bottom of
the confining, or impermeable, layer overlying the aquifer).
Bedrock: the solid rock that underlies all soil, sand, clay, gravel, and loose material on the earth's
surface.
Bentonite: a mixture of swelling clay minerals containing at least eighty-five percent of mineral
montmorillonite (predominantly sodium montmorillonite) which meets the specifications of the
most recent revision of API Standard 13A.
Bentonite Grout: a mixture of bentonite (API Standard 13A) and water in a ratio of not less than one
pound of bentonite per gallon of water.
Board: The Board of Health of Littleton, Massachusetts or its authorized agent.
Borehole: a deep, narrow hole made in the ground, especially to locate water which is not intended
for use for drinking water.
Business of Well Drilling: performing for commercial purposes, the activity of Drilling or Altering
a Well.

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Casing: impervious durable pipe placed in a boring to prevent the walls from caving and to serve as
a vertical conduit for water, other fluids, or gases in a well.
Certified Laboratory: a laboratory certified by the Department for the analysis of drinking water and
required water quality analytes. Provisional certification is acceptable.
Certified Well Driller: a person holding a valid certification issued by the Massachusetts
Department of Environmental Protection under 310 CMR 46.00 to engage in the business of well
drilling and alteration.
Closed-Loop Geothermal Borehole: a boring drilled to facilitate the installation of a pipe loop or
tubing for a ground source heat pump system, whether circulating water, heat transfer fluid or
refrigerant using direct exchange.
Concrete: a mixture consisting of Portland cement (ASTM Standard C150, type I or API Standard
10, Class A), sand, gravel, and water in a proportion of not more than five parts of sand plus gravel
to one part cement, by volume, and not more than six gallons of water. One part cement, two parts
sand, and three parts gravel are commonly used with up to six gallons of water.
Department: Massachusetts Department of Environmental Protection.
Drinking Water: water used for human consumption.
Geothermal Well: a Well used to transfer heat to or from the earth for heating or cooling. This
includes Open Loop Ground Source Heat Pump Wells, in which the fluid or gas contents of the well
can enter the groundwater in the surrounding aquifer and Closed Loop Ground Source Heat Pump
Wells in which the contents of the Well are recirculated in piping or tubing such that no mixing of
the fluid or gas contents of the Well with the groundwater in the surrounding aquifer can occur. Install a Pump or Pump Installation: Install, replace, or alter a pump or any component thereof for a
well.
Irrigation Well: a well used for the sole purpose of watering. The well shall not be connected at any
time to a dwelling or a building unless it meets the requirements of a Private Drinking Water Well
and has the Board’s written approval.
Neat Cement Grout: a mixture consisting of one bag (94 pounds) of Portland cement (ASTM Standard
C 150, Type I or API Standard 10, Class A) to not more than six gallons of clean water. Bentonite
(API Standard 13A), up to two percent by weight of cement, shall be added to reduce shrinkage. Other
additives, as described in ASTM Standard C494, may be used to increase fluidity and/or control
setting time.
Open-Loop Borehole: a water well designed to produce source water above land surface to provide
heat transfer to a geothermal well. It is then returned to its source.
Person: any agency or political subdivision of the federal government or the commonwealth, any
state, public or private corporation or authority, individual, trust, firm, joint stock company,

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partnership, association, or other entity, and any officer, employee or agent of said person, and any
group of said persons.
Private Drinking Water Well: any Private Well that is used for the purpose of supplying water used for
human consumption.
Private Well: any hole or shaft drilled into the ground to inject or withdraw water, other fluids, or gasses,
monitor soil gasses, monitor groundwater levels or water quality, transfer heat, or provide cathodic
protection that is not regulated as a public water supply under 310 CMR 22.00.
Private Well Yield: the gallons per minute (gpm) of water that can flow or be withdrawn from a well, at a
sustained rate after a minimum of 2 hours if the water level has stabilized (water level does not fluctuate
more than 3 inches) for the last 30 minutes of the test.
Pumping (Aquifer) Test: a procedure used to determine the characteristics of a well and adjacent
aquifer by installing and operating a pump.
Pump or Pump System: the mechanical equipment or devices used to remove water from a well.
For a well with a pitless adapter, the pump system includes all piping and the pitless adapter. For a
well with a submersible pump and without a pitless adapter, the pump system includes all piping up
to the metering device, or if none, then up to the main control valve inside the foundation of the
structure served by the well. For a well without a submersible pump and without a pitless adapter,
the pump system includes all piping up to and including the wellhead. For installation or repair
purposes, the pump or pump system includes all piping up to the metering device or, if none, then
up to the main control valve inside the foundation of the structure served by the well.
Replace a Pump or Pump Replacement: Install a Pump of the same horsepower as the Pump that
was last removed, install any component of a Pump with a component of the same size and capacity
as the one that was last removed. Also, removal and replacement of a pump or any component
thereof.
Sand Cement Grout: a mixture consisting of Portland cement (ASTM Standard C150, Type I or API
Standard 10, Class A), sand, and water in the proportion of one part cement to three or four parts
sand, by volume, and not more than six gallons of water per bag (94 pounds) of cement. Up to five
percent, by weight of bentonite (API Standard 13A) shall be added to reduce shrinkage.
Sillcock Spigot: any faucet with a direct connection to a dwelling.
Static Water Level: the distance from established ground surface to the stabilized water level in a
well which is neither being pumped nor under the influence of pumping.
Structure: a combination of materials assembled at a fixed location to give-support or shelter, such
as a building, framework, retaining wall, fence, or the like.
Water Used for Human Consumption: water that is used for drinking, bathing, showering,
cooking, dishwashing, or maintaining oral hygiene.

5

Well: any hole or shaft drilled into the ground to inject or withdraw water, other fluids, or gases,
monitor soil gasses, monitor groundwater levels or water quality, transfer heat, or provide cathodic
protection.
Wellhead: the above ground component or structure built over a well.
Well Yield Enhancement: a process to increase the production of water and yield by using water
under pressure, or another substance the Department has approved for use in the process, to clean
out existing fractures to allow water to flow into the well from other areas.
IV.

WELL CONSTRUCTION PERMIT
(1) A Massachusetts Certified Well Driller shall obtain a permit from the Board of Health prior
to the commencement of construction of a private well.
(2) Each permit application to construct a well shall include the following:
(a) the property owner's name and address
(b) the well driller's name and proof of valid Massachusetts certification
(c) a plan with a specified scale, signed by a registered surveyor or engineer, showing the location
of the proposed well in relation to existing or proposed above or below ground structures.
(d) a description of prior and current land uses within four hundred (400) feet of the proposed
well location, which represent a potential source of contamination, including but not limited to
the following:
1. existing and proposed structures
2. subsurface sewage disposal systems
3. subsurface fuel storage tanks
4. public and private ways
5. utility rights-of-way
6. any other potential sources of pollution.
(3) The permit shall be on site at all times that work is taking place. Each permit shall expire
one (1) year from the date of issuance unless revoked for cause, or extended. Permits may
be extended for one additional six (6) month period provided that a written explanation for
the request is received by the Board prior to the one-year expiration date.
(4) Well Construction Permits are transferable within one year of initial application and upon
appropriate written notice from the new certified well driller.

V.

WATER SUPPLY CERTIFICATE
(1) The issuance of a Water Supply Certificate by the Board shall certify that the private well
may be used as a drinking water supply. A Water Supply Certificate must be issued for the
use of a private well prior to the issuance of a building permit or occupancy permit for new
construction or alterations to an existing structure served by the well, and prior to the
transfer of ownership of any property served by the private well.

6

(2) The following shall be submitted to the Board of Health to obtain a Water Supply
Certificate:
(a) a well construction permit;
(b) a copy of the Well Completion Report as required by MassDEP Well Driller Program
regulations (310 CMR 46.00);
(c) a copy of the Pumping Test Report required pursuant to Section VII of these regulations;
and,
(d) a copy of the Water Quality Report required pursuant to Section VIII of these
regulations.
(3) Upon the receipt and review of the above documents, the Board shall make a final decision
on the application for a Water Supply Certificate. A final decision shall be in writing and
shall comprise one of the following actions:
(a) Issue a Water Supply Certificate
(b) Deny the applicant a Water Supply Certificate and specify the reasons for the denial.
(c) Issue a conditional Water Supply Certificate with those conditions, which the Board
deems necessary to ensure fitness, purity and quantity of the water, derived from that
private well. These conditions may include, but not be limited to, requiring treatment
and/or additional testing of the water.
VI.

WELL LOCATION AND USE REQUIREMENTS
(1) In locating a well, the applicant shall identify on a plan all potential sources of
contamination, which exist or are proposed within four hundred (400) feet of the site. When
possible, the well shall be located upgradient of all potential sources of contamination and
shall be as far away from potential sources of contamination as possible, given the layout of
the property.
(2) No well shall be permitted for use as a potable water source unless it meets the following
setback requirements:
(a) 50 feet from the property line
(b) 50 feet from public or private roadway
(c) 50 feet from right of way
(d) 50 feet from building sewer line or septic tank
(e) 100 feet from leaching field or drywell, 150 feet in Soils 2 mpi or less
(f) 400 feet from stable, barnyard, manure storage
(g) 400 feet from an underground fuel storage or pesticide tank
(h) 100 feet from any surface water, including, but not limited to, wetlands
(i) 10 feet from any slab or foundation
(j) 25 feet from in-ground pool
(k) 100 feet from a geothermal well

7

(3) The Board reserves the right to impose minimum setback requirements from other potential
sources of contamination not listed above. All such additional setback requirements shall be
listed, in writing, as a condition of the well construction permit.
(4) Each private well or borehole shall be located so that it is accessible for repair, maintenance,
testing, and inspection. The well shall be completed in a water bearing formation that will
produce the required volume of water under normal operating conditions.
(5) Water supply lines shall be installed at least ten (10) feet from and eighteen (18) inches
above any sewer line. Whenever water supply lines must cross sewer lines, both lines shall
be constructed of Class 150 pressure pipe and shall be pressure tested to assure
watertightness.
(6) No private well, or its associated distribution system, shall be connected to either the
distribution system of a public water supply system or any type of waste distribution system.
VII.

WATER QUANTITY REQUIREMENTS

(1) The applicant shall submit to the Board for review and approval a Pumping Test Report.
The Pumping Test Report shall include at a minimum: the name and address of the well
owner, well location referenced to at least two permanent structures or landmarks, date the
pumping test was performed, depth at which the pump was set for the test, location for the
discharge line, static water level immediately before pumping commenced, discharge rate
and, if applicable, the time the discharge rate changed, pumping water levels and respective
times after pumping commenced, maximum drawdown during the test, duration of the test,
including both the pumping time and the recovery time during which measurements were
taken, recovery water levels and respective times after cessation of pumping, and reference
point used for all measurements.
(2) To determine if the well can provide sufficient water to meet the average household daily
demand, the following methodology should be employed:
(a) Estimate Peak Demand in gallons required to meet peak demand period of 1 hour (60
minutes) using Table 1 based on number of bedrooms and bathrooms in the house.

8

(Flow rate required in gallons per minute x 60 minutes = gallons needed for peak demand)
Number of bathrooms
Number of bedrooms

1

2

5

3

7

8

9

10

12

4

8

9

10

12

13

11

12

13

15

13

15

17

5

1.5
2
3
Flow rate in gallons per minute (GPM)
6
8

6

4

Table 1
(b) Calculate the volume of water the well can produce in the peak demand period of 60
minutes based on the pumping test results.
(Well yield in gpm x 60 minutes = gallons produced)
(c) Estimate the borehole water storage using information obtained from the Well
Completion Report and Table 2.
To determine the available water in feet, subtract the static water level from the
Depth to the pump intake. Multiply the available water in feet times the gallons of water
per foot for the well diameter to calculate the number of available gallons held in storage
in the borehole (see Table 2 below.)
(Total depth to pump intake – static water level) x gallons per foot of water = available
water from borehole storage)
Diameter of
Well in Inches
1.5
2
3
4
5
6
8
10
12

Gallons of Water
Per Foot of
Per 100 Feet of
Water Depth
Water Depth
0.092
9.2
0.163
16.3
0.367
36.7
0.653
65.3
1.020
102.0
1.469
146.9
2.611
261.1
4.080
408.0
5.876
587.6

9

Diameter of
Well in Feet
2
3
4
5
6
7
8
9
10

Gallons of Water
Per Foot of
Water Depth
23.5
52.9
94.0
146.9
211.5
287.9
376.0
475.9
587.6

Table 2
(d) Subtract gallons of water held in borehole storage (Step 3) and total amount the well is
capable of producing in 60 minutes (Step 2) from the estimated peak demand (step 1) to
determine if the well is capable of meeting peak demand. If the difference between the
two is zero or less, the well is capable of meeting peak demand. If the difference is
greater than zero, then additional volume in the form of a storage tank will be required to
meet peak demand.
(3) The pumping test may be performed at whatever rate is desired. Following the pumping
test, the water level in the well must be shown to recover to within eighty-five (85) percent
of the pre-pumped static water level within a twenty-four (24) hour period.
Example 1: The Well Completion Report indicates that a 6-inch diameter domestic well was
installed that has a pump intake set at a depth of 300 feet, with a measured static water level
of 15 feet and an estimated well yield of 2 gpm.
1. For a 2 bedroom, 2 bathroom house, a peak demand rate of 8 gpm for one hour or
480 gallons is estimated from Table 3 as being required to meet the household
peak demand (8 gpm x 60 minutes = 480 gallons
2. The well report indicates that the well is only capable of producing 2 gpm or 120
gallons during the 1 hour period (2 gpm x 60 mins. = 120 gallons)
3. Borehole storage is calculated to be 419 gallons [(300 foot depth to pump intake –
15 foot static water level) x 1.469 gallons/foot of 6 inch diameter casing = 419
gallons]
4. 480 gallons required to meet peak demand – 120 gallons (well yield over 1 hour) –
419 gallons (borehole storage) = - 59 gallons (surplus)
In this example the well installation can meet the daily peak demand with a surplus of 239
gallons daily.
Example 2: Assume same well completion information as Example 1 above
1. For a 3 bedroom, 3 bathroom house, a peak demand rate of 10 gpm for one hour or
600 gallons is estimated from Table 3 as being required to meet the household
peak demand (10 gpm x 60 minutes = 600 gallons)

10

2. The well report indicates that the well is only capable of producing 2 gpm or 120
gallons during the 1 hour period (2 gpm x 60 mins. = 120 gallons)
3. Borehole storage is calculated to be 419 gallons (300 foot depth to pump intake –
15 foot static level x 1.469 gallons/foot of 6 inch diameter casing = 419 gallons
4. 600 gallons required to meet peak demand – 120 gallons (well yield over 2 hours)
– 419 gallons (borehole storage) = + 61 gallons (deficit)
In this example the well installation does not meet the daily peak demand and an additional
61 gallons will be required daily in the form of tank storage.
In instances where the above methodology indicates that peak demand can be met by a
combination of well yield and borehole storage, the well yield alone should also be able to
refill the borehole storage volume over a 12-hour time period. Minimum well yields of
between 0.5 gpm to 1.5 gpm would be needed to accomplish this for the 1-hour peak demand
volumes calculated using the recommended peak flow rates provided in Table 3. These
minimum well yields would be necessary in order to sufficiently replenish the borehole
storage between peak demands events.
VIII.

WATER QUALITY REQUIREMENTS

A.

(1) After the construction of the well has been completed and disinfected, and prior to using it
as a private drinking water well, baseline water quality testing shall be conducted.
(2) A water sample shall be collected either after purging three (3) well volumes or following
the stabilization of the pH, temperature and specific conductance in the pumped well. The
water sample to be tested shall be collected at the pump discharge or from a disinfected tap
in the pump discharge line. In no event shall a water treatment device be installed prior to
sampling.
(3) Water quality testing of the private drinking water well, utilizing the applicable US EPA
approved method for public drinking water testing, shall be conducted by a Massachusetts or
EPA certified laboratory and shall include analyses for the following parameters:
•
•
•
•
•
•
•
•
•
•
•

Arsenic
Chloride
Copper
Fluoride
Hardness
Iron
Lead
Manganese
pH
Sodium
Total Coliform bacteria

11

•
•
•

•

E. coli bacteria
Nitrate/Nitrite
PFAS (Per- and polyfluoroalkyl substances) including the following six PFAS
chemicals referred to as PFAS6, and any additional PFAS compounds required by
MassDEP guidance:
• perfluorooctane sulfonic acid (PFOS)
• perfluorooctanoic acid (PFOA)
• perfluorohexane sulfonic acid (PFHxS)
• perfluorononanoic acid (PFNA)
• perfluoroheptanoic acid (PFHpA)
• perfluorodecanoic acid (PFDA)
Volatile organic Compounds (VOCs)

(4) In wells drilled into bedrock the Board of Health requires that in addition to the parameters
listed above, a Gross Alpha Screen and Radon test be performed. If the Gross Alpha Screen
result is equal to or greater than 5 pCi/L, the water shall be analyzed for Radium-226 and
Radium-228. If the Gross Alpha Screen result is equal to or greater than 15 pCi/L, the water
shall also be analyzed for Uranium.
(5) Testing for water quality parameters not listed in VIII.(3) and (4) for which there is a US
EPA or MassDEP approved method for public drinking water testing, shall be conducted by
a MassDEP or EPA certified laboratory or any other certification authority approved by
MassDEP.
MAINTENANCE AND MONITORING OF EXISTING WELLS
It is recommended that the owner of every well used for drinking water should have its water tested
annually at a Massachusetts certified laboratory. Water should be tested for total coliform bacteria
and nitrate/nitrite. If Total Coliform bacteria is detected, the well water should be sampled for E.coli to determine if wastewater has contaminated the well.
B.

At least, every 10 years, homeowners should test for all parameters listed in VIII (3). These results
should be compared to the previously collected water chemistry results to see if any adverse
changes have occurred in water quality. If the initial base-line testing did not indicate water quality
issues with fluoride, copper, radon or radionuclides, the homeowner may choose not to test for these
parameters as they typically remain at stable concentrations in the well water. Wells installed in
bedrock aquifers should also be tested at a minimum of every ten (10) years for the radiological
parameters described in VIII (4). In addition to any testing required by these regulations, private
well owners should refer to the Massachusetts Department of Environmental Protection (MassDEP)
guidelines for recommended water-quality testing parameters and testing intervals.
(1) The owner of a rental property is required to test drinking water wells annually and shall
make results of all water quality tests available to all tenants of the property and the Board
of Health. Occupants, upon lease, shall be provided upon request water quality results for
the previous 24 months. In cases where the well water does not meet the water quality
standards outlined above, the Board of Health may require the property owner to treat or
provide an alternative approved source of drinking water for the tenants.

12

(2) Prior to selling, conveying, or transferring title to real property, the owner shall have tested
the water of every private drinking water well serving that property. A water sample from
each well shall be submitted to a Massachusetts certified laboratory for testing for the
parameters listed in the Water Quality section of this document. This water quality testing
shall have been performed not more than one (1) year prior to transfer of the property.
Results of the water quality testing shall be submitted to the Board of Health 30 days prior to
property transfer.
(3) For irrigation wells, the Board recommends annual testing for E. coli bacteria and
Nitrate/Nitrite, as accidental consumption could result in acute exposure.
(4) The Board reserves the right to require retesting of the above parameters, or testing for
additional parameters when, in the opinion of the Board, it is necessary due to local
conditions or for the protection of public health, safety, welfare and the environment. All
costs and laboratory arrangements for the water testing are the responsibility of the well
owner
(5) Following the receipt of results of a required water quality test, the well owner shall submit
a Water Quality Report to the Board, which includes:
a. a copy of the certified laboratory's test results
b. the name and contact information of the individual who performed the sampling
c. where in the system the water sample was obtained
(6) For purposes of these regulations, private drinking water wells shall meet all current
applicable Massachusetts’ Primary and Secondary Drinking Water Standards and Guidelines
adopted by the MassDEP Office of Research and Standards (ORS). In any case where a
private drinking water well does not meet such Standards or Guidelines, the Board may, as it
deems necessary for the protection of public health, safety, or welfare, take action, including
but not limited to, requiring the property owner to treat the water or provide an alternative
source of drinking water.
IX.

WELL CONSTRUCTION REQUIREMENTS
(1) Pursuant to 310 CMR 46.02 (1), no person in the business of well drilling shall construct a
well unless certified by the MassDEP Well Drillers Program.
(2) Any work involving the connection of the private well to the distribution system of the
residence must conform to the local plumbing code. All electrical connections between the
well and the pump controls and all piping between the well and the storage and/or pressure
tank in the house must be made by a pump installer or certified well driller, including the
installation of the pump and appurtenance(s) in the well or house.

13

(3) A physical connection is not permitted between a water supply, which satisfies the
requirements of these regulations, and another water supply that does not meet the
requirements of these regulations without prior approval of the Board.
(4)
All individual wells, geothermal wells, monitoring wells and test wells shall be constructed
in strict compliance with the specifications set forth in these regulations and any applicable
MA or federal requirements, including, where applicable, 310 CMR 27.00, 310 CMR 46.00,
and applicable MassDEP guidance.
(5) General Well Design and Construction
(a) All private wells shall be designed and constructed such that:
1. the materials used for the permanent construction are durable in the specific
hydrogeologic environment that occurs at the well site
2. no unsealed opening is being left around the well that could conduct surface
water or contaminated groundwater vertically to the intake portion of the well or
transfer water from one formation to another.
(b) Permanent construction materials shall not leach or contribute toxic substances, taste,
odors, or bacterial contamination to the water in the well.
(c) The driller shall operate all equipment according to generally accepted standards in the
industry and shall take appropriate precautions to prevent damage, injury or other loss to
persons and property at the drilling site.
(d) Well construction design shall ensure that surface water does not enter the well through
the opening or by seepage through the ground surface. Construction site waste and
materials shall be disposed of in such a way as to avoid contamination of the well, any
surface water or the aquifer. During any time that the well is unattended, the contractor
shall secure the well in a way as to prevent either tampering with the well and/or the
introduction of foreign material into the well.
(e) All water used for drilling, well development, or to mix a drilling fluid shall be obtained
from a source, which will not result in contamination of the well or the water bearing
zones penetrated by the well. Water from wetlands, swamps, ponds and other similar
surface features shall not be used.
(f) Water shall be conveyed in clear sanitary containers or water lines and shall be
chlorinated to an initial concentration between 50 milligrams per liter (mg/L) and 100
mg/L. All drilling equipment including pumps and down hole tools, shall be cleaned and
disinfected prior to drilling each new well or test hole.
(g) All drilling fluids shall be nontoxic. Drilling fluid additives shall be stored in clean
containers and shall be free of material that may adversely affect the well, the aquifer, or
the quality of the water to be pumped from the well. Surfactants shall be biodegradable.
The use of biodegradable organic polymers shall, when possible, be avoided.

14

(h) All wells, including those that have been hydrofractured, shall be developed in order to
remove fine materials introduced into the pore spaces or fractures during construction.
One or more of the following methods shall be used for development: over pumping,
backwashing, surging, jetting, air-lift pumping.
(i) The completed well shall be sufficiently straight so that there will be no interference
with installation, alignment, operation or future removal of the permanent well pump.
(6) Well casing
(a) Private water supply wells shall be constructed using either steel or thermoplastic well
casing. The casing shall be of adequate strength and durability to withstand anticipated
formation and hydrostatic pressures, the forces imposed on it during installation, and the
corrosive effects of the local hydrogeologic environment.
(b) All casing used in the construction of private wells shall be free of pits, breaks, gouges,
deep scratches and other defects. If previously used casing is installed, it shall be
decontaminated and disinfected prior to installation.
(c) Installation of water well casing shall be done in a manner that does not alter the shape,
size, or strength of the casing and does not damage any of the joints or couplings
connecting sections of the casing. A standard drive shoe shall be used when casing is
installed. The drive shoe shall be either welded or threaded to the lower end of the string
of casing and shall have a beveled metal cutting edge forged, cast, or fabricated for this
specific purpose.
(d) Upon completion of the installation procedure, the entire length of the casing above the
intake shall be watertight.
(e) Well casing shall not be cut off below the land surface unless a pitless adapter or a
pitless unit is installed or an abandoned well is being permanently plugged. Well casing
terminating above-grade shall extend at least twelve (12) inches above the predetermined
ground surface at the wellhead except when the well is located in a floodplain. When a
well is located in a floodplain, the well casing shall extend at least two (2) feet above the
level of the highest recorded flood. The top of the well casing shall be reasonably
smooth and level.
(7) Well screen
(a) A well screen is required for all drilled wells that are completed in unconsolidated
formations. All well screens shall be of Grade 304 stainless steel. Wells completed in
bedrock do not require a screen unless the bedrock formation is brittle in nature or has a
potential for collapse. The well screen aperture openings, screen length, and diameter
shall be selected so as not to limit the aquifer’s water yielding characteristics while
preventing access of soil particles that would detract from well efficiency and yield.

15

(8) Grouting and sealing
(a) Private wells drilled in bedrock shall be grouted from the ground surface or from the
bottom of the pitless adaptor (if present) to fifteen (15) feet into competent bedrock.
Neat cement grout, sand cement grout, or Bentonite grout shall be used. It shall have a
permeability of at least 1 x 10-7 cm/sec and be emplaced using standard grouting
techniques as described in the MassDEP Private Well Guidelines, as amended.
(b) All wells completed with the casing extending above grade shall have a surface seal
designed to eliminate the possibility of surface water flowing down the annular space
between the well casing and the surrounding backfilled materials. The surface seal shall
extend to a depth below the local frost line.
(9) Wellhead completion
(a) All wells shall be equipped with a sanitary seal or watertight cap designed to prevent
surface water and foreign matter from entering the well.
(b) All wells except flowing artesian and dug wells shall be vented. The opening of the vent
pipe shall be covered with a 24-mesh corrosion resistant screen and shall be large
enough to prevent water from being drawn into the well through electrical conduits or
leaks in the seal around the pump when the pump is turned on. The vent pipe shall
terminate in a downward position at or above the top of the casing.
(c) All connections to a well casing made below ground shall be protected by either a pitless
adapter or a pitless unit that complies with the most recent revision of National
Sanitation Foundation Standard Number 56, entitled "Pitless Well Adapters."
(d) Above-grade connections into the top or side of a well casing shall be at least twelve
(12) inches above the established ground surface or two (2) feet above the level of the
highest known flood, whichever is higher. Above-grade connections shall be sealed so
that they are watertight.
(e) The ground immediately surrounding the well casing shall be sloped downward and
away from the well in all directions to eliminate the possibility of surface water ponding.
(10)

Disinfection

(a) Upon completion of well construction, the well driller shall disinfect the well. If a pump
is to be installed immediately upon completion of the well, the pump installer shall
disinfect the well and the pumping equipment after the pump has been installed.
(b) If the pump is not installed upon completion of the well, the pump installer shall, upon
installation, disinfect the well and the pumping equipment. The pump installer shall also

16

disinfect the entire water supply system immediately after any maintenance or repair
work is done on the pump.
(c) When a well is disinfected, the initial chlorine concentration shall be 100 mg/L
throughout the entire water column.
(d) For newly constructed or altered wells in which the pump is not immediately installed,
the chlorine concentration used to disinfect the well shall be 100 mg/L. Upon
installation of the pump, the well, the pumping equipment, and the distribution system, if
connected, shall be disinfected with a chlorine concentration of 100 mg/L.
(e) The disinfectant solution shall remain undisturbed in the well for a minimum of two (2)
hours. After all the chlorine has been flushed from the water supply system, a water
sample shall be collected and submitted to a Massachusetts certified laboratory. For new
wells, the sample shall be tested pursuant to Section VII of these regulations.
(f) Only certified well drillers are authorized to physically alter, or repair a well. For wells,
that have undergone repair, a sample shall be tested for total coliform bacteria and any
other parameters deemed appropriate by the Board, prior to being put back in use.
X.

GEOTHERMAL WELL CONSTRUCTION

All geothermal and ground source heat pump wells shall be constructed, installed, operated, and
decommissioned in accordance with the current MassDEP guidelines and applicable state
regulations. Where MassDEP registration, permitting, or approval is required, documentation of
such authorization shall be submitted to the Board upon request.
XI. Irrigation Well
1. Irrigation wells shall be deep wells (bedrock; 100-foot minimum deep well).
2. To prevent cross-connection of potable and nonpotable water supplies, no dwelling shall be
served in any capacity by both a private well and the Town of Littleton's public water system unless
the two water systems are completely separate. In addition to such a complete separation, a
backflow protection device, approved by the Plumbing Inspector and the public water supplier,
must be installed in the dwelling to prevent backflow and cross-connections with the Town's public
water supply.
3. Irrigation wells shall provide water through sprinkler heads or through spigots mounted on the
well head. The Board of Health prohibits the use of sillcock spigots for irrigation wells.
4. Conversion of a preexisting drinking water well to an irrigation well shall require permitting and
approval by the Littleton Board of Health.
5. No irrigation well or nonessential well shall be permitted in Zone II of a public water supply.

17

6. There shall be no plumbing connecting an irrigation well to a habitable structure.
7. The well will not be used for consumption. All spigots served by an irrigation well, in addition to
the well itself, must be identified by a firmly attached yellow metal tag having the shape of a fourinch equilateral triangle bearing the legend "NOT SAFE FOR HUMAN CONSUMPTION" in
letters not less than 7/16 inch in height.
8. All irrigation wells shall post a sign (eight inches by 12 inches) notifying the public that it is in
fact an "irrigation well in use."
XII. Agricultural wells.
1. There shall be no plumbing connecting an agricultural well to a habitable structure.
2. All spigots served by an agricultural well, in addition to itself, must be identified by a firmly
attached yellow metal tag having the shape of a four-inch equilateral triangle bearing the legend
"NOT SAFE FOR HUMAN CONSUMPTION" in letters not less than 7/16 inch in height.
XIII.

DECOMMISSIONING REQUIREMENTS

(1) Abandoned wells, test holes, and borings shall be decommissioned so as to prevent the well,
including the annular space outside the casing, from being a channel allowing the vertical
movement of water. Where is well is subject to separate MassDEP decommissioning or
closure requirements, decommissioning shall also comply with those requirements.
(2) The owner of a private well shall decommission the well if any of the following criteria are
met:
(a) Construction of the well is terminated prior to completion of the well.
(b) The well owner notifies the Board that the use of the well is to be permanently
discontinued.
(c) The well has been out of service for at least one (1) year.
(d) The well is a potential hazard to public health or safety and the situation cannot be
corrected.
(e) The well is in such a state of disrepair that its continued use is impractical or unsafe.
(f) The well has the potential for transmitting contaminants from the land surface into an
aquifer or from one aquifer to another and the situation cannot be corrected.
(3) The property owner shall ensure that that all abandoned wells and test holes or borings
associated with the well installation are properly plugged before work at the site is
completed. Only certified well drillers may plug abandoned wells, test holes, and borings.
(4) Abandoned overburden wells or borings shall be completely filled with a low permeability
grout, which cures with a final permeability of less than 1x10-7 cm/sec. Wells shall be
plugged with neat cement grout, sand cement grout, concrete, or bentonite grout.

18

(5) Regardless of the type used, the grout used for plugging shall:
(a) be sufficiently fluid so that it can be applied through a tremie pipe from the bottom of
the well upward;
(b) remain as a homogeneous fluid when applied to the subsurface rather than
disaggregating by gravity into a two phase substance;
(c) be resistant to chemical or physical deterioration; and,
(d) not leach chemicals, either organic or inorganic, that will affect the quality of the
groundwater where it is applied.
(6) The plugging materials shall be introduced at the bottom of the well or boring and placed
progressively upward to a level approximately four (4) feet below the ground surface.
Sealing materials shall not be poured from the land surface into the well, borehole, or
annular space being sealed.
The well driller shall install a surface seal after the well or boring has been plugged. Before the
surface seal is placed, casing remaining in the hole shall be cut off. The remaining four (4) feet at
the top of the well or boring shall then be filled with concrete. The top of the seal shall comprise a
concrete slab above the top of the plugged well or boring. This concrete slab shall be at least six (6)
inches thick and shall be at least two (2) feet greater in diameter than the well casing or borehole
wall.
XIV. ENFORCEMENT
(1) The Board has authority to investigate suspected or known violations of these regulations
and/or violations of any Water Supply Certificate conditions. The Board may take actions,
as it deems appropriate, within its authority for the protection of public health, safety
welfare, or the environment, and to enforce any of the provisions of this regulation.
(2) If any investigation reveals a violation of these regulations or the Water Supply Certificate
Conditions, the Board may order the private well owner to comply with the violated
provision(s), and/or take other action within its authority as the Board deems appropriate.
(3) Any Order the Board issues shall be in writing and served in the following manner:
(a) personally, by any person authorized to serve civil process;
(b) by any person authorized to serve civic process by leaving a copy of the Order at the
property owner’s address;
(c) by sending the property owner a copy of the Order by registered or certified mail, return
receipt requested; or,
(d) by posting a copy of the Order in a conspicuous place on or about the premises and by
advertising it for at least three (3) out of five (5) consecutive days in one or more
newspapers of general circulation within the municipality where the private well is
located, if the property owner's last and usual place of residence is unknown or outside
the Commonwealth.

19

XV.

HEARING

(1) Any person to whom the Board issues an Order may request a hearing before the Board by
filing with the Board within seven (7) days after the day the Order was served a written
request for a hearing. Upon receipt of a hearing request, the Board shall set a time and place
for the hearing and shall inform the well owner in writing. The hearing shall commence
within thirty (30) days from the day on which the written request was made, unless a later
time is agreed to in writing by the Board and the person requesting the hearing. At the
hearing the person requesting the hearing shall be given an opportunity to be heard and show
why the Order should be modified or withdrawn. After the close of the hearing, the Board
shall issue a written decision to sustain, modify, or withdraw the Order and shall mail a copy
of the decision, by certified mail, return receipt requested, to the person who requested the
hearing. If the Board sustains or modifies the Order, it shall be carried out within the time
period allotted in the original order or in the modification.
(2) Every notice, order, or other record prepared by the Board in connection with the hearing
shall be entered as a matter of public record in the office of the clerk of the city or town, or
in the office of the Board.
(3) If a request for a hearing is not filed with the Board within seven (7) days after the day an
Order has been served or if after a hearing, the Order has been sustained in whole or any
part, each day's failure to comply with the order as issued or sustained shall constitute a
separate violation.
XVI

APPEAL

(1) Any person aggrieved by the final Order, Variance, Well Construction Permit, or Certificate
of Water Supply determination of the Board may appeal to any court of competent
jurisdiction as provided by the laws of the Commonwealth.
XVII. PENALTIES
(1) Any person who violates any provision of these regulations, or who fails to comply with any
final Order of the Board, for which a penalty is not otherwise provided in any of the
Massachusetts General Laws, shall upon conviction be fined not less than ten (10) nor more
than five hundred (500) dollars. Each day's failure to comply with a final Order or any
provision of this regulation shall constitute a separate violation.
(2) Violations of these regulations may also be enforced by noncriminal disposition pursuant to
M.G.L. c.40, §21D, and any applicable Town bylaw or regulation. Each day that a violation
continues shall constitute a separate offense.
XVIII. VARIANCE
(1) The Board may, grant a variance to any provision of this regulation when, in its opinion, the
enforcement would result in manifest injustice, and the applicant has demonstrated that the

20

equivalent degree of protection will be provided without strict application of the particular
provision(s) sought to be varied.
(2) Every request for a variance shall be in writing shall state the specific provision of this
regulation from which variance is sought, the reasons for seeking the variance and proof of
the notice required below. The request shall also contain the information to establish
manifest injustice and equivalent degree of protection. At least ten (10) days prior
submission of the application to the Board, the applicant shall provide notice of their intent
to the request a variance as follows: a) by certified mail, return receipt requested to all
abutters of the property upon which the private well will be or is located and b) publication
in a newspaper of general circulation in the town or city in which the private well will be or
is located. The notice shall include at a minimum: the name and address of the applicant, a
statement of the provision(s) of this regulation from which a variance is sought, and the
reason for seeking the variance. Any grant or denial of a variance shall be in writing and
shall contain a brief statement of the reasons for approving or denying the variance. A copy
of each variance shall be conspicuously posted for thirty (30) days following its issuance
and shall be available to the public at all reasonable hours in the Office of the Town Clerk or
Office of the Board of Health. No work shall be done under any variance until thirty (30)
days elapse from its issuance, unless the Board certifies in writing that an emergency exists.
In case of emergency, the Board will convene a quorum to hear the variance request.
a. If an emergency condition exists, that is, if the lack of water poses an immediate and significant
danger to the health and welfare of persons, livestock or domestic fowl or crops, then the Board of
Health or its agent shall issue a well construction permit within 24 hours of receipt of the completed
permit application. It is the responsibility of the well contractor and/or property owner to
substantiate that an emergency condition exists by submission of a signed statement to the Board of
Health or its agent. Emergency well construction permits will be issued only to replace an existing
water supply where the lack of water poses an immediate and significant threat to human health or
when the Board of Health determines that other exceptional circumstances exist.
b. The drilling process for an emergency well construction must begin within 24 hours of receipt of
the permit, except when inclement weather conditions or other abnormal circumstances occur.
(3) The Board may issue a variance subject to such conditions as it deems necessary to public
health, safety, welfare or the environment. Any such conditions shall be stated in writing in
the Board’s grant of the variance. The Board may revoke, modify or suspend, in whole or in
part, a variance after the property owner has been notified in writing and is afforded an
opportunity to be heard, pursuant to Section XV of these regulations.
XIX.

SEVERABILITY:

(1) If any provision of these regulations or the application thereof is held to be invalid by a court
of competent jurisdiction, the invalidity shall be limited to said provision(s) and the
remainder of these regulations shall remain valid and effective. If any provision of these
regulations conflicts with subsequently enacted or amended state or federal law, the
controlling law shall govern, and the remaining provisions of these regulations shall remain
in full force and effect.

21

XX.

EFFECTIVE DATE

(1) These regulations were adopted by vote of the Littleton, Massachusetts Board of Health, at
their regularly scheduled meeting held on
, 20 and are to be in full force and
effect on and after
, 20 . Before said date, these regulations shall be published
and a copy placed on file in the Board of Health Offices and filed with the Department of
Environmental Protection, Division of Wastewater Management in Boston. These
regulations or any portions thereof may be amended, supplemented or repealed from time to
time by the Board, as provided by law and applicable regulations.
XXI.

DISCLAIMER

(1) The issuance of a well permit shall not be construed as a guarantee or certification by the
Board or its agents that the water system will function satisfactorily or that the water supply
will be of sufficient quality or quantity for its intended use.

22

Town of Littleton

Received: AS
Date/Time: 9/18/26 – 11:55 AM
Revised:
Date/Time:

Select Board
MEETING AGENDA
Wednesday, September 23, 2026 at 6:00 PM
Littleton Center on Shattuck Street
33 Shattuck Street
Multipurpose Room 1 (MPR1)
Littleton, MA 01460
Including a Joint Meeting at 6:05 PM with the Finance Committee, Community Preservation
Committee, Disability Commission, and the Parks and Recreation Commission
Notice of public meeting as required by M.G.L. Chpt.30A §18-28

Public meetings may be broadcast live, streamed live, or recorded for later playback on LCTV and/or the Internet.
PARTICIPANTS/ATTENDEES ARE REMINDED THAT BY JOINING THIS MEETING THAT YOU CONSENT TO YOUR
LIKENESS AND AUDIO BEING USED AND REBROADCAST BY LCTV. If attending virtually, please identify your screen
name with your full name. This is to protect the integrity of the meeting. Attendees of all public meetings should be aware of
Massachusetts Recording Law M.G.L. Ch. 20A §20 (f)* if they are personally considering recording any part of a meeting or a
meeting in its entirety. The listings of matters are those reasonably anticipated by the Chair 48 hours before said meeting, which
may be discussed at the meeting. Not all items listed may be discussed. Items may be taken out of order and differ from those
listed below. Other items not listed may also be brought up for discussion to the extent permitted by law.

6:00 PM

1. Organization / Pledge of Allegiance / Read Mail

6:05 PM

2. Joint Meeting – Fall Town Meeting Warrant
A. Review warrant, approve order of articles, vote to insert articles, vote to close warrant,
direct posting

7:50 PM

3. Department/Board Updates and Requests
A. Health Department: Consider Approval and Execution of an Intermunicipal Agreement
with the Town of Acton for Shared Public Health Nurse Services

8:00 PM

ANTICIPATED ADJOURNMENT

*After notifying the chair of the public body, any person may make a video or audio recording of an open session of a meeting
of a public body, or may transmit the meeting through any medium, subject to reasonable requirements of the chair as to the
number, placement and operation of equipment used so as not to interfere with the conduct of the meeting. At the beginning of
the meeting, the chair shall inform other attendees of any recordings.

2A

Littleton Select Board
AGENDA ACTION REQUEST

September 23, 2026

Special Town Meeting – October 27, 2026
Review warrant, approve order of articles, vote to insert articles, vote to
close warrant, direct posting
Requested by: James A. Duggan, Town Administrator

Action Sought: Vote

Proposed Motion(s)
• MOVE that the Select Board approves the order of articles as listed:
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.

Bills of Prior Years
Town Charter
Adoption of MGL Chapter 40U
Transfers from Trust Funds
Amend Purpose of Prior Appropriation – Fire Department
Appropriation of American Rescue Plan Act (ARPA) Interest
Information Services Department Salary Account Transfer
Transfer of Funds for a Stormwater Utility Plan
Community Preservation Appropriations and Rescissions
Amend Schedule A – Classification Plan
Anticoagulant Rodenticide Ban
Temporary Bylaw Governing the Acquisition and First Deployment of
Surveillance Technology

•

Move that the Select Board and Finance Committee adopt article recommendations.

•

Move that the Select Board approve of the assignment of Articles, and vote to
close the warrant.

Additional Information
A draft of the warrant book is included with the meeting packet.

Town of Littleton, Massachusetts

TOWN MEETING REPORT
VOTER INFORMATION
Please bring this with you to the

OCTOBER 27, 2026
SPECIAL TOWN MEETING
Tuesday, October 27, 2026, at 7:00 PM

Charles Forbes Kaye Gymnasium, Littleton Middle School
55 Russell Street, Littleton, MA 01460

This Town Meeting Report is prepared by the

Office of the Select Board/Town
Administrator Town of Littleton
Littleton Town Offices 37 Shattuck Street
Littleton, MA 01460

James Duggan, Town Administrator
Robin Healy, Finance Director, Treasurer/Collector

More information is available online at www.littletonma.org.

October 27, 2026, Town Meeting Articles
SPECIAL TOWN MEETING at 7 PM
Art.

1
2
3
4
5
6
7
8
9
10
11
12

Title

Page

Select Board: Town Meeting Report
To the Voters of Littleton:
The Select Board is pleased to present this Town Meeting Report.
Town Code §41-3 provides that:
For every annual and special town meeting, the Select Board shall mail to each
occupied dwelling at least fourteen (14) days prior to said meeting a Town
Meeting Report containing the full text of the articles as posted in the Warrant;
proposed motions and town board recommendations, if any; and concise
explanations of each article, including the fiscal impact of any financial
articles. The Town Meeting Report for the annual town meeting shall include
the Finance Committee's report to the voters.
Here is the format in which information is presented for each article in this Report:
ARTICLE #
Title of the Article
Article Sponsor/Inserter
[If needed, any special voting requirements]

Full text of the Warrant article as printed in the Town Meeting Warrant, as posted.
[Brief explanation of the article.]
Motion proposed by the sponsor, as reviewed by Town Counsel.
Recommendations of Town Boards.
The Select Board welcomes your feedback. Thank you for your participation and
interest in this important civic event.
Littleton Select Board
Gary Wilson, Chair
Charles DeCoste, Vice-Chair
Mark Rambacher, Clerk
Karen Morrison
Kyle Bubp

Town Moderator: Town Meeting Procedures
“A Call of the Articles”
In our continuing effort to streamline and improve the efficiency of Town Meeting, and after having
discussed ways to improve the process with the Select Board, the Town Clerk and Town Counsel I am
proposing to continue the following procedures:
We will continue with “A Call of the Articles” which was successfully introduced several years ago,
to speed up the passage of Warrant articles which should generate no controversy and can be properly
voted without debate allowing additional time to debate more significant articles.
Specifically, as one of the first orders of business at Town Meeting, the Moderator will call out the
numbers/titles of the articles, one by one. Any voter who has doubts about passing any motion, or
wishes an explanation of any article, should say the word “hold” in a loud voice when the article
number is called by the Moderator. The Moderator will inquire as to whether the request is for a
question or for debate. If the purpose of the request is merely a question, then an attempt will be made
to obtain a satisfactory answer. If the purpose is to hold the article for debate, the article will be
removed from the list of articles included in the “Call” and restored to its original place in the Warrant
to be brought up, debated and voted in the usual manner. It is hoped that voters will remove articles
from the “Call” only in cases of legitimate concern.
After calling each article on the Warrant, the Moderator will ask that all remaining articles in the “Call”
be passed as a unit by unanimous vote. There will be a motion to take all the articles identified in the
“Call” and act upon them by means of a single, brief affirmative main motion which will be inclusive
of the separate and specific motions as printed in this Report.
The use of “A Call of the Articles” is intended to speed up passage of Warrant articles which each
Town Meeting voter believes should generate no controversy and can be properly voted without
debate and give Town Meeting additional time to thoughtfully consider the rest of the Warrant articles.
General Town Meeting Guidelines
• Presentations - The individual, board or committee responsible for placing an article on the
Warrant will be permitted ten (10) minutes to make a presentation once the main motion is properly
placed before Town Meeting. A single presenter is preferred and in the event of multiple presenters
no additional time shall be granted. Presentations in opposition will likewise be limited to 10 minutes
and must be approved in advance of Town Meeting by the Moderator. The Moderator reserves the
right to grant additional time, within reason, to presentations that the Moderator believes Town
Meeting would benefit from hearing in their entirety. In the interest of fairness, the Moderator will
extend the offer of additional time to both sides.
• Limits on length/number of speeches - Speakers shall be limited to no more than three (3)
minutes and no one shall speak more than once per article except for the following situations:
responses to questions posed by and through the Moderator, brief clarification of a previous statement
with the permission of the Moderator, or by majority vote of Town Meeting.

•
Time limit for consideration of Warrant articles (evening meetings) –Town Meeting shall not
begin consideration of any new Warrant article after 10:30p.m., unless the Moderator determines that
there is a reasonable likelihood of concluding action on that article prior to 11:00p.m. and a majority
of Town Meeting votes to continue its business past 10:30pm.
Accessibility/Requesting Reasonable Accommodations
Additionally, towns have an obligation under the Americans with Disabilities Act (ADA) to:
1.

Make their Town Meetings accessible to people with disabilities; and, to

2.

Respond to requests for reasonable accommodations at Town Meetings.
The Town of Littleton does not discriminate based on disability and is committed to hosting
accessible meetings. To request a reasonable accommodation to attend Town Meeting, please
contact the municipal ADA Coordinator at 978-540-2433.

More information about Town Meeting is available online at https://www.littletonma.org/townmeetings.

Thank you for your cooperation in implementing these procedures and allowing me the privilege of
serving as your Moderator.
Carolyn Bean, Town Moderator

October 27, 2026, Special Town Meeting
7:00 PM, Charles Forbes Kaye Gymnasium
Littleton Middle School at 55 Russell Street
ARTICLE 1
Bills of Prior Years
Select Board/Finance Committee
[9/10ths vote required]
To see if the Town will vote to transfer from available funds a sum of money to pay unpaid bills from
prior fiscal years, or take any other action related thereto.
[Article 1 would provide funding for any unpaid obligations from prior fiscal years that were not
properly encumbered before the close of the fiscal year. At the time of printing this report, one
prior-year bill was identified]:
Invoice # Date

Description

Funding Source

Amount

369278

Collins Overhead Door, Inc.

01192520-524020-FIRE

$1,170.00

5/14/26

Motion: Moved and seconded by the Select Board and Finance Committee that the Town vote to
approve Article 1 as printed in the Warrant.
Recommendation: Finance Committee and Select Board recommend this article.
ARTICLE 2
Adoption of a Special Act Establishing a Town Charter
Select Board
[Majority Vote Required]
To see if the Town will vote to authorize and direct the Select Board to petition the General Court for
the enactment of a special act establishing a Town Charter for the Town of Littleton substantially in the
form attached to this Warrant as Exhibit A. The Legislature may make clerical or editorial changes in
form only to the bill, unless the Select Board approves amendments to the bill before enactment by the
Legislature. The Select Board is hereby authorized to approve amendments that shall be within the scope
of the general public objectives of this petition; or take any other action related thereto.
[Article 2 asks Town Meeting to authorize the Select Board to petition the Massachusetts
General Court for a special act establishing a Home Rule Charter for Littleton. The proposed
Charter would retain Littleton’s Open Town Meeting as the legislative body and the Select
Board as the Town’s chief policymaking executive board, while creating a Town Manager

position to serve as the Town’s chief administrative officer. The Town Manager would be
appointed by and accountable to the Select Board, oversee day-to-day administration of Town
affairs, supervise departments and department heads within the Charter’s scope, administer
personnel matters, serve as chief procurement officer, and participate in the annual budget
process, including submission of a proposed balanced budget and ten-year capital plan. The
Charter preserves the statutory operation of the Fire Department and Police Department,
exempts the School Department from Town Manager authority, and excludes facilities under
the control of the School Committee, Board of Light Commissioners, Board of Water
Commissioners, Board of Library Trustees, and Park and Recreation Commission from the
Town Manager’s facilities jurisdiction. It also continues existing elected and appointed officials
through transition provisions unless and until changed in accordance with the Charter.]
Motion: Moved and seconded that the Town vote to approve a petition to the General Court for the
enactment of a special act establishing a Town Charter for the Town of Littleton substantially in the
form attached to this Warrant as Exhibit A, and to authorize the Select Board to submit said petition and
to approve revisions and amendments requested by the General Court, Legislative Counsel, or other
legislative officials, provided that such revisions do not materially alter the intent and purpose of the
Charter approved by this vote, and further to take all actions necessary to carry this vote into effect.
Recommendation:
ARTICLE 3
Adoption of the Provisions of G.L. Chapter 40U
Select Board
[Majority vote required]
To see if the Town will vote to adopt the provisions of .G.L. c. 40U and amend the Town's bylaws by
inserting the following:
§ [INSERT NO.] Noncriminal disposition of violations.
Adoption of the provisions of Chapter 40U of the General Laws; noncriminal disposition is hereby
authorized for the violation of any rule, regulation, order, ordinance or bylaw regulating the housing,
sanitary, or snow and ice removal requirement.
§ [INSERT NO.] Municipal fine procedures.
A. Definitions.
MUNICIPAL HEARING OFFICER — A person appointed by the Town Administrator to
conduct hearings of alleged Code violations pursuant to this chapter.
UNPAID CHARGE — An unpaid fine incurred as a result of a violation of a rule, regulation,
order, ordinance or bylaw regulating the housing, sanitary or municipal snow and ice removal
requirement.
B. Effective date. This chapter shall take effect in Littleton upon its acceptance.

C.

Procedures for payment of municipal fines; power to revoke or rescind. By adopting Chapter
40U §§1-18, the Town of Littleton has adopted procedures for the payment of the municipal fines
provided in this Chapter 40U and may revoke or rescind any such acceptance.

D.

Municipal Hearing Officer. The Officer shall hear appeals of violation notices issued within the
municipality. The Municipal Hearing Officer may be the same person appointed as a Municipal
Hearing Officer pursuant to Chapter 148A of the General Laws.

E.

Inclusive Adoption of the Provisions of M.G.L. c. 40U §§1-18. These provisions set forth in
M.G.L. c. 40U, et seq., establish the processes for determinations and issuances of Violation
Notices, delivery of Violations, appeals, notices, payments and enforcement.

F.

Schedule of fines for violation. The Town of Littleton has, within this bylaw, established a
schedule of fines for violations subject to this chapter committed within the municipality;
provided, however, that all such fines shall be uniform for the same offense committed in the
same zone or district, if any. A first fine under this chapter shall be $300.00. Any additional
fines issued shall not exceed the maximum allowable amount under the relevant sections of the
sanitary code, excluding late fees.

G.

Unpaid M.G.L. c. 40U Violations to Become Real Estate Liens and Added to Property Tax Bill.
If the fine remains unpaid at the conclusion of the appeal process and all required notices have
been sent, additional penalties and interest may be attached, and such amount shall become an
additional assessment on the property owner’s tax bill, and shall also be a lien upon such real
estate as provided in M.G.L. c. 40 § 42B. This action, without more, will constitute a lien on
the property.

H.

Revolving Fund. Funds received from M.G.L. c. 40U Violations shall be paid into a revolving
fund and utilized for the purpose of administering the Town’s code enforcement program. Such
revolving fund shall be subject to annual review and re-authorization pursuant to the
Massachusetts General Laws.

I.

Local ordinances superseded. By accepting Chapter 40U of the General Laws, this chapter shall
supersede any local ordinances or bylaws to the contrary including but not limited to §1-2, §14, §202-10, §38-6, and §38-21. Enforcing officers shall include all those authorized pursuant
to the state sanitary code, building code, and fire code.
and to take any other action related thereto.
[Article 3 adopts G.L. c. 40U and establishes a bylaw that sets forth the procedures for
noncriminal disposition and municipal enforcement of certain housing, sanitary, and snow
and ice removal violations.]
Motion: Moved and seconded that the Town vote to accept the provisions of G.L. c. 40U and to adopt
the accompanying bylaw provisions set forth above.
Recommendation:

ARTICLE 4
Transfers from Trust Funds
Select Board/Trust Fund Commissioners
[Majority Vote]

To see if the Town will vote to transfer $22,500 from the following trust funds: M.H. Kimball Trust Fund,
$12,500; C. Hildreth Trust Fund, $10,000; to support participation in the Universal Mental Health
Screening (UMHS) Learning Lab, said funds to be expended under the direction of the School
Superintendent; or take any other action related thereto.
[Article 4 authorizes the transfer of $22,500 from two trust funds to support participation in the
Universal Mental Health Screening (UMHS) Learning Lab. The funding would consist of $12,500
from the M.H. Kimball Trust Fund and $10,000 from the C. Hildreth Trust Fund, and would be
expended under the direction of the School Superintendent.]
Motion: Moved and seconded that the Town vote to transfer $22,500 from the following trust funds: M.H.
Kimball Trust Fund, $12,500; C. Hildreth Trust Fund, $10,000, to support participation in the Universal
Mental Health Screening (UMHS) Learning Lab, said funds to be expended under the direction of the
School Superintendent, as printed in Article 4.
Recommendation:

ARTICLE 5
Amend Purpose of Prior Appropriation
Fire Department
[Majority Vote]
To see if the Town will vote to amend the purpose of the appropriation previously authorized under
Article 19 of the May 7, 2024 Annual Town Meeting by authorizing the remaining unexpended balance
of $67,856.29 to be expended for repairs and maintenance of Fire Department vehicles and apparatus,
including parts, labor, and related costs, or take any other action related thereto.
[Article 5 would amend the purpose of the appropriation previously approved under Article 19 of
the May 7, 2024 Annual Town Meeting. The amendment would allow the remaining unexpended
balance of $67,856.29 to be used for repairs and maintenance of Fire Department vehicles and
apparatus, including parts, labor, and related costs, rather than limiting the funds to the original
purpose.]
Motion: Moved and seconded that the Town vote to amend the purpose of the appropriation previously
authorized under Article 19 of the May 7, 2024 Annual Town Meeting by authorizing the remaining
unexpended balance of $67,856.29 to be expended for repairs and maintenance of Fire Department
vehicles and apparatus, including parts, labor, and related costs, as printed in Article 5.
Recommendation:

ARTICLE 6
Appropriation of American Rescue Plan Act (ARPA) Interest
Select Board/Finance Committee
[Majority Vote]
To see if the Town will vote to appropriate the interest earned on funds received pursuant to the
American Rescue Plan Act (ARPA) for any legal purpose, or take any other action related thereto.
[Article 6 would appropriate interest earned on funds received by the Town under the American
Rescue Plan Act (ARPA). Because the final amount of available interest will not be known until
the date of Town Meeting, the motion will identify the amount then available and authorize that
interest to be appropriated for any legal purpose.]
Motion: Moved and seconded that the Town vote to appropriate the sum of $
, representing
interest earned on funds received by the Town pursuant to the American Rescue Plan Act (ARPA), for
any legal purpose, as printed in Article 6.
Recommendation:
ARTICLE 7
Information Systems Department Salary Account Transfer
Select Board/Finance Committee
[Majority Vote]
To see if the Town will vote to amend the Fiscal Year 2027 operating budget by transferring the sum of
$102,409 from the Information Systems Department - Salary Account to the Town Administrator - Salary
Account for the purpose of funding salary and related personnel costs, or take any other action related
thereto.
[Article 7 would transfer funds within the Fiscal Year 2027 operating budget to more accurately
align appropriations with personnel costs.]
Motion: Moved and seconded by the Select Board that the Town vote to transfer $102,409 from the
Information Systems Department - Salary Account to the Town Administrator - Salary Account as
printed in Article 7 of the Warrant.
Recommendation:

ARTICLE 8
Transfer of Funds for a Stormwater Utility Plan
Select Board/Finance Committee
[Majority Vote]
To see if the Town will vote to transfer any unencumbered funds appropriated for the Town Hall
Feasibility Study under Article 13 of the 2026 Annual Town Meeting, and appropriate said funds for the
preparation of a stormwater utility plan, or take any other action related thereto.
[Article 8 would redirect remaining unused funds from the Town Hall Feasibility Study to the
preparation of a comprehensive stormwater utility plan. The plan is intended to assist the Town in
evaluating drainage infrastructure, identifying areas of concern, and planning future stormwater
improvements.]
Motion: Moved and seconded by the Select Board that the Town vote to transfer the sum of $,
representing the unencumbered balance of the Town Hall Feasibility Study appropriation, for the
preparation of a stormwater utility plan as printed in Article 8 of the Warrant.
Recommendation:
ARTICLE 9
Community Preservation Appropriations and Rescissions
Community Preservation Committee
[Two-Thirds Vote]
To see if the Town will vote to hear and act on the report of the Community Preservation Committee
and to appropriate, transfer, reserve, rescind, return, and/or authorize borrowing from Community
Preservation Fund annual revenues, reserves, undesignated fund balance, and future Community
Preservation Fund revenues and receipts the following amounts, as recommended by the Community
Preservation Committee, with each item considered a separate appropriation or authorization:
1. $48,000 from the Community Preservation Fund Undesignated Fund for Long Lake
Herbicide Treatments – 2027;
2. $70,000 from the Community Preservation Fund Undesignated Fund for Forge Pond
Herbicide Treatment – 2027;
3. $117,000 from the Community Preservation Fund Recreation Reserve for the Long Lake
Beach Fishing and Swimming Dock Project;
4. $500,000 to be borrowed pursuant to G.L. c. 44B, § 11, or any other available authority, for
the creation of affordable senior housing at 410 Great Road, with debt service on such
borrowing to be paid from future Community Preservation Fund revenues, future Community
Preservation Fund receipts, or other available Community Preservation Fund monies eligible
for community housing purposes;

5. $458,000 as follows: $150,000 from Community Preservation Fund Undesignated Reserve
and $308,000 from the Recreation Reserve for the Fay Park Gazebo Replacement and ADA
compliant walkway and benches;
6. $50,000 from the Community Preservation Fund Recreation Reserve for Littleton High
School Baseball and Softball Fields Rehabilitation;
and further, to see if the Town will vote to rescind and return to the Community Preservation Fund
Recreation Reserve the following prior appropriations relating to the Long Lake dock project:
7. $42,436 previously appropriated from the Community Preservation Fund Recreation Reserve
under Article 10 of the May 7, 2024 Annual Town Meeting, for the replacement of the Long Lake
dock;
8. $15,000 previously appropriated from the Community Preservation Fund Recreation Reserve
under Article 26 of the May 6, 2025 Annual Town Meeting, for the replacement of the Long Lake
dock;
and further, to see if the Town will vote to rescind the following unexpended balances from completed
Community Preservation projects and return said funds to the applicable Community Preservation
Fund reserve:
9. The unexpended balance of $250 from the Open Space and Recreation Plan, appropriated
under Article 10 of the May 2, 2022 Annual Town Meeting, with said funds to be returned to
the Community Preservation Fund Undesignated Fund;
10. The unexpended balance of $6,625 from the Feasibility Study related to new tennis and
sports courts, appropriated under Article 10 of the May 2, 2022 Annual Town Meeting, with
said funds to be returned to the Community Preservation Fund Recreation Reserve; and
11. The unexpended balance of $10 from the Resurfacing of 300 King Street play surface
project, appropriated under Article 10 of the May 7, 2024 Annual Town Meeting, with said
funds to be returned to the Community Preservation Fund Recreation Reserve;
and to take any other action related thereto.
[Article 9 would authorize the Community Preservation Committee recommendations for
Community Preservation Fund appropriations, transfers, rescissions, returns, and a borrowing
authorization. The article includes funding for lake treatment, recreation projects, affordable
senior housing at 410 Great Road, and the return of prior unused project balances to the
appropriate Community Preservation Fund reserves.]
Motion: Moved and seconded by the Community Preservation Committee that the Town vote to approve
the appropriations, transfers, rescissions, returns, and borrowing authorization set forth in Article 9 of the
Warrant, with each item considered a separate appropriation or authorization.
Recommendation:

ARTICLE 10
Amend Schedule A – Classification Plan
Human Resources
[Majority Vote]
To see if the Town will vote to amend Compensation Plan Schedule A to make certain
administrative corrections by adding existing positions that were inadvertently omitted from the
compensation grid and changing existing job titles, as shown in bold text; provided that such
revisions are intended solely to correct prior administrative omissions and do not establish or
create new positions; or take any other action relative thereto.
[Article 10 would amend Schedule A of the Town's Classification and Compensation Plan. The
Plan, specific amendments to positions, grades, or classifications are as follows]:
TOWN OF LITTLETON, MASSACHUSETTS
FY2027 CLASSIFICATION & COMPENSATION PLAN
SCHEDULE A, Permanent Full and Part-time Employees
Hourly and Annual Base Rates are shown below
(Annual Rates are illustrative only and based on 40 hours/week, 52.2 weeks/year)
Employees’ actual compensation is determined by their FLSA classification, actual hours worked, and Town leave policies.

Gr
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20

STEP 1
20.16
42,094.08
21.17
44,202.96
22.22
46,395.36
23.33
48,713.04
24.50
51,156.00
25.73
53,724.24
27.01
56,396.88
28.37
59,236.56
30.07
62,786.16
31.87
66,544.56
33.77
70,511.76
35.80
74,750.40
38.31
79,991.28
41.00
85,608.00
43.86
91,579.68
47.37
98,908.56
50.20
104,817.60
53.23
111,144.24
56.42
117,804.96
59.80
124,862.40

STEP 2
20.66
43,138.08
21.70
45,309.60
22.78
47,564.64
23.92
49,944.96
25.11
52,429.68
26.37
55,060.56
27.68
57,795.84
29.08
60,719.04
30.81
64,331.28
32.67
68,214.96
34.61
72,265.68
36.71
76,650.48
39.27
81,995.76
42.03
87,758.64
44.96
93,876.48
48.78
101,852.64
51.71
107,970.48
54.81
114,443.28
58.11
121,333.68
61.59
128,599.92

STEP 3
21.18
44,223.84
22.23
46,416.24
23.36
48,775.68
24.51
51,176.88
25.74
53,745.12
27.03
56,438.64
28.38
59,257.44
29.80
62,222.40
31.58
65,939.04
33.49
69,927.12
35.49
74,103.12
37.64
78,592.32
40.24
84,021.12
43.06
89,909.28
46.08
96,215.04
50.25
104,922.00
53.27
111,227.76
56.46
117,888.48
59.85
124,966.80
63.44
132,462.72

STEP 4
21.71
45,330.48
22.80
47,606.40
23.94
49,986.72
25.12
52,450.56
26.38
55,081.44
27.71
57,858.48
29.09
60,739.92
30.56
63,809.28
32.37
67,588.56
34.32
71,660.16
36.38
75,961.44
38.58
80,555.04
41.26
86,150.88
44.14
92,164.32
47.23
98,616.24
51.74
108,033.12
54.86
114,547.68
58.15
121,417.20
61.64
128,704.32
65.33
136,409.04

STEP 5
22.25
46,458.00
23.37
48,796.56
24.53
51,218.64
25.75
53,766.00
27.04
56,459.52
28.41
59,320.08
29.81
62,243.28
31.32
65,396.16
33.18
69,279.84
35.18
73,455.84
37.30
77,882.40
39.54
82,559.52
42.29
88,301.52
45.24
94,461.12
48.41
101,080.08
53.30
111,290.40
56.50
117,972.00
59.90
125,071.20
63.49
132,567.12
67.29
140,501.52

STEP 6
22.81
47,627.28
23.95
50,007.60
25.14
52,492.32
26.39
55,102.32
27.72
57,879.36
29.12
60,802.56
30.57
63,830.16
32.09
67,003.92
34.02
71,033.76
36.06
75,293.28
38.23
79,824.24
40.53
84,626.64
43.35
90,514.80
46.37
96,820.56
49.62
103,606.56
54.90
114,631.20
58.19
121,500.72
61.69
128,808.72
65.40
136,555.20
69.31
144,719.28

STEP 7
23.38
48,817.44
24.55
51,260.40
25.77
53,807.76
27.05
56,480.40
28.42
59,340.96
29.84
62,305.92
31.33
65,417.04
32.89
68,674.32
34.86
72,787.68
36.95
77,151.60
39.18
81,807.84
41.54
86,735.52
44.43
92,769.84
47.54
99,263.52
50.87
106,216.56
56.55
118,076.40
59.94
125,154.72
63.56
132,713.28
67.35
140,626.80
71.39
149,062.32

STEP 8
23.96
50,028.48
25.16
52,534.08
26.41
55,144.08
27.74
57,921.12
29.13
60,823.44
30.60
63,892.80
32.10
67,024.80
33.71
70,386.48
35.73
74,604.24
37.87
79,072.56
40.16
83,854.08
42.59
88,927.92
45.54
95,087.52
48.73
101,748.24
52.14
108,868.32
58.24
121,605.12
61.74
128,913.12
65.47
136,701.36
69.37
144,844.56
73.53
153,530.64

STEP 9
24.56
51,281.28
25.79
53,849.52
27.07
56,522.16
28.43
59,361.84
29.85
62,326.80
31.37
65,500.56
32.90
68,695.20
34.56
72,161.28
36.62
76,462.56
38.82
81,056.16
41.16
85,942.08
43.64
91,120.32
46.68
97,467.84
49.95
104,295.60
53.44
111,582.72
59.98
125,238.24
63.60
132,796.80
67.43
140,793.84
71.45
149,187.60
75.74
158,145.12

STEP 10
25.17
52,554.96
26.43
55,185.84
27.76
57,962.88
29.14
60,844.32
30.61
63,913.68
32.15
67,129.20
33.72
70,407.36
35.43
73,977.84
37.53
78,362.64
39.78
83,060.64
42.19
88,092.72
44.73
93,396.24
47.85
99,910.80
51.20
106,905.60
54.79
114,401.52
61.79
129,017.52
65.51
136,784.88
69.44
144,990.72
73.60
153,676.80
78.01
162,884.88

21
22
23
24

63.39
132,358.32
67.19
140,292.72
71.22
148,707.36
75.49
157,623.12

65.29
136,325.52
69.22
144,531.36
73.37
153,196.56
77.77
162,383.76

67.24
140,397.12
71.30
148,874.40
75.56
157,769.28
80.09
167,227.92

69.27
144,635.76
73.43
153,321.84
77.83
162,509.04
82.49
172,239.12

71.35
148,978.80
75.65
157,957.20
80.17
167,394.96
84.96
177,396.48

73.49
153,447.12
77.91
162,676.08
82.56
172,385.28
87.50
182,700.00

75.70
158,061.60
80.25
167,562.00
85.04
177,563.52
90.13
188,191.44

77.97
162,801.36
82.67
172,614.96
87.60
182,908.80
92.84
193,849.92

80.30
167,666.40
85.15
177,793.20
90.22
188,379.36
95.63
199,675.44

82.72
172,719.36
87.71
183,138.48
92.93
194,037.84
98.49
205,647.12

GRADE 1
No positions assigned
GRADE 2
No positions assigned
GRADE 3
No positions assigned
GRADE 4
Building Maintenance Custodian
Library Assistant
GRADE 5
Library Processing Clerk
GRADE 6
Administrative Staff-On Call
Department Clerk
GRADE 7
Animal Control Officer
Cemetery Groundskeeper
LCTV Program Coordinator I
Library Technician
P/T Communications Officer
GRADE 8
Administrative Assistant – Elder & Human Services
Senior Library Technician
GRADE 9
Assessing Clerk/Field Lister
Director of Veteran's Services
LCTV Program Coordinator II
Library Office Coordinator
Office Coordinator - BOH, Facilities, & Conservation
Office Coordinator - Building & Planning
Payroll and Finance Coordinator
PRCE Office Coordinator
GRADE 10
Assistant Cemetery Superintendent
Assistant Conservation Agent
Assistant Town Clerk
Assistant Town Planner
Assistant Youth Services Librarian
Executive Assistant of Public Safety – Fire
Executive Assistant of Public Safety – Police
Financial Analyst
Reserve Police Officer
GRADE 11
Building Maintenance Supervisor
Business Administrator-Public Works
Cemetery Superintendent
Children’s Services/Senior Librarian
EHS Program Coordinator
Executive Assistant to the Town Administrator
Head of Circulation/Senior Librarian
HR Generalist/Benefits Administrator
Information Systems Support Technician
LCTV Program Supervisor
Payroll and Benefit Coordinator
PRCE Program Coordinator
Public Health Nurse
Senior Librarian
Technical Services/Senior Librarian
Young Adult Services/Senior Librarian

Or to take any other action related thereto.

GRADE 12
Alternate Inspector
Assistant Assessor
Assistant Town Accountant
Conservation Agent
EHS Outreach Coordinator
Inspector of Wires
Local Building Inspector
Plumbing & Gas Inspector
PRCE Program Supervisor
GRADE 13
Assistant Director of Elder and Human Services
Assistant Library Director
Assistant Tax Collector
Project Manager
Public Health Coordinator
GRADE 14
Assistant PRCE Director
Information Systems Manager
GRADE 15
Assistant Treasurer/Collector/Payroll Manager
LCTV Executive Director
Police Lieutenant
Town Accountant
Town Clerk**
Town Engineer
Town Planner
GRADE 16
Building Commissioner/Zoning Enforcement Officer
Chief Assessor/Appraiser
Director of Elder and Human Services
Facilities Manager
Health Director
Highway Superintendent
Human Resources Director
Library Director*
PRCE Director
Town Treasurer/Collector/Assistant Finance Director
GRADE 17
Deputy Fire Chief*
Deputy Police Chief*
GRADE 18
Director of Public Works
GRADE 19
Assistant Town Administrator
GRADE 20
No positions assigned
GRADE 21
No positions assigned
GRADE 22
Chief of Police*
Fire Chief*
GRADE 23
No positions assigned
GRADE 24
Town Administrator*
Management contract (*) and elected (**)
positions not subject to this By-law

Motion: Moved and seconded by the Select Board that the Town vote to amend Schedule A of the
Classification and Compensation Plan as printed.
Recommendation:
ARTICLE 11
Anticoagulant Rodenticide Ban
Citizen’s Petition

Section 1) Home Rule Petition:
To see if the town will vote to authorize and request the Select Board to petition the General Court of the
Commonwealth for Home Rule Legislation to allow the town of Littleton, notwithstanding the provisions
of Chapter 132B of the General Laws or any other general or special law to the contrary, to adopt a bylaw
that would prohibit or restrict the application and use of Anticoagulant Rodenticides within the Town of
Littleton, including the application of such pesticides by licensed commercial applicators as defined in 333
C.M.R. 10.00. SECTION 2. or to take any action in relative thereto.
DESCRIPTION: This article would authorize the Select Board to petition the General Court for Home
Rule Legislation to allow the Town of Littleton to prohibit or restrict the application and use of
anticoagulant rodenticides, commonly called AR’s, within the Town of Littleton. ARs are lethal pesticides
that stop the blood clotting process. Common AR compounds include: brodifacoum, bromadiolone,
difenacoum, difethialone, diphacinone, chlorophacinone, and warafin. If enacted, the petitioned special
legislation would permit the Town to determine the extent to which ARs should be prohibited or restricted
in Littleton under a future bylaw approved by Town Meeting.
Section 2) Municipal Ban:
To see if the Town will vote to Amend the Town By-laws by adopting a new Chapter SR12 [Selectboard’s
Regulations] to:
Prohibit Use of First and Second-Generation Anticoagulant Rodenticides on Town Property as follows:
Chapter SR12
PROHIBIT USE OF FIRST AND SECOND-GENERATION ANTICOAGULANT RODENTICIDES ON
TOWN PROPERTY
Section A: Applicability
This by-law applies to all Town-owned property, including buildings, grounds, parks, open spaces, and the
public right of way, and shall be adhered to by all employees of the Town of Littleton, as well as third
party vendors and contractors providing services at Town-owned property.

Section B: Definitions
1. Rodenticides – A subclass of pesticides, defined under the Massachusetts Pesticide Control Act,

General Laws Chapter 132B, as substances or mixtures of substances intended to prevent,
destroy, repel, or mitigate rodents that are declared to be pests by the Massachusetts pesticide
board.
2. SGAR – Acronym of Second-Generation Anticoagulant Rodenticides, rodenticides developed to
control rodents that are resistant to First-Generation Anticoagulant Rodenticides and contain
compounds that interfere with blood clotting and cause death from excess bleeding while also
remaining in animal tissues for an extended period of time. These products currently include, but
are not limited to, those products containing brodifacoum, bromadiolone, difenacoum, or
difethialone.
3. FGAR – Acronym of First-Generation Anticoagulant Rodenticides, rodenticides developed to
control rodents prior to the development of Second-Generation Anticoagulant Rodenticides and
contain compounds that interfere with blood clotting and cause death from excess bleeding while
also remaining in animal tissues for an extended period of time. These products currently
include, but are not limited to, those products containing diphacinone, chlorophacinone, or
warfarin.
Section C: Use of FGARS and SGARS
The use of FGARs and SGARs on Town-owned properties is hereby prohibited as of the effective date of
this by-law.
Section D: Emergency Waivers
Emergency waivers for the use of FGARs and SGARs on Town-owned property may be obtained from the
Board of Health or its designee. Emergency waivers shall be restricted in time and location and shall only
be granted after a well-documented request detailing a significant rodent infestation of public health
consequence that has already exhausted all viable less-toxic integrated pest and rodent management
practices. Any waivers granted under this section shall be published on the Town’s website.
Section E: Effective Date:
The effective date of this By-law is the date that the Attorney General’s Office approves the By-law
following Littleton Town Meeting approval and adoption of this By-law.
To do or act thereon.
Recommendation:

ARTICLE 12
Temporary Bylaw Governing the Acquisition and First Deployment of Surveillance
Technology
Citizen’s Petition

ARTICLE
Technology

: Temporary Bylaw Governing the Acquisition and First Deployment of Surveillance

To see if the Town will vote to amend the Town of Littleton General Bylaws by inserting a new Chapter
, "Surveillance Technology," to read as follows:
Section 1. Findings and Purpose
As of the date of this article, the Town of Littleton General Bylaws contain no provision
governing the acquisition, deployment, data retention, or interdepartmental or external sharing of
surveillance technology.
Automated systems for collecting, retaining, and sharing data about identifiable individuals and
vehicles raise significant questions of individual privacy, government transparency, and civil
liberties. These systems also carry technological, administrative, and contractual complexities
that warrant careful study before the Town commits to them.
On August 31, 2026, the Select Board voted to authorize the Town Administrator and Town
Counsel to cancel the Town's contract for automated license plate reader services. At the same
meeting, the Board discussed a permanent bylaw governing the procurement and deployment of
surveillance technology and indicated that such an article would come no earlier than the 2027
Annual Town Meeting. No such bylaw is in place today, and a bylaw adopted at that meeting
would not take effect until after review by the Attorney General under M.G.L. c. 40, § 32. The
Town therefore faces an extended period during which no binding standard governs the
acquisition or first deployment of surveillance technology.
This bylaw governs that interval. It suspends the acquisition and first deployment of new
surveillance technology by the Town, subject to a narrow exception that requires an adopted
written policy, advance public notice, and a public hearing. It is temporary, it applies only to
systems the Town takes on after this bylaw takes effect, and it is not intended to impact or disrupt
the ongoing daily operations of any Town department or the continued use of equipment already
possessed or leased by the Town. It expires by its own terms when a permanent bylaw governing
surveillance technology takes effect.

Section 2. Definitions
(a) "Surveillance technology" means any electronic device, system, or software ecosystem that,
without individualized human initiation, collects, retains, processes, or transmits audiovisual,
location, biometric, or vehicle identification data concerning identifiable individuals or
identifiable vehicles in public places, and that retains such data for later search, analysis, or
matching, or transmits such data to any external agency, jurisdiction, or private vendor.
Surveillance technology includes, without limitation: automated license plate recognition
(ALPR) systems; facial or other biometric recognition systems; acoustic gunshot detection
systems; unmanned aerial systems equipped with recording or sensing capability; persistent
networked video surveillance systems; cell site simulators; and predictive policing software.
(b) "New surveillance technology" means any surveillance technology that is not excluded
under Section 3, and that the Town seeks to acquire, lease, borrow, accept by sponsorship,
donation or grant, or deploy for the first time on or after the effective date of this bylaw.
(c) "Surveillance Technology Policy" means a written policy meeting the requirements of
Section 4(c).

Section 3. Exclusions
This bylaw does not apply to:
(a) Equipment used solely to monitor physical security at Town-owned buildings, grounds,
vehicles, or facilities, including facility entry access controls, school bus internal cameras, and
municipal vehicle dash cameras, provided such equipment is not continuously networked to any
external multi-jurisdictional database;
(b) Body-worn cameras and vehicle-mounted cruiser cameras operated by the Police
Department;
(c) Traffic counting, roadway sensing, or signal control equipment that does not capture, scan, or
retain personal identifying information or vehicle license plate data;
(d) Equipment or software deployed pursuant to a valid warrant or order issued by a court of
competent jurisdiction;
(e) Equipment owned and operated by an external state, federal, county, or regional agency made
available temporarily to the Town through short-term emergency mutual aid;
(f) Recording, streaming, or broadcast of public meetings, public hearings, or Town-sponsored
public events;

(g) Routine Town information technology, enterprise communication infrastructure, public
library systems, and internal financial and utility systems; and
(h) Surveillance technology lawfully in the Town's possession and in active operational use as of
the effective date of this bylaw, for so long as it continues to be used for the purposes for which it
was in use on that date. This exclusion does not apply to (i) any system for which the Town's
contract, license, or authorization has been terminated, cancelled, or allowed to lapse, (ii) any
material expansion of the number of devices deployed or any use of an existing system for a
purpose materially different from the purpose for which it was in use on the effective date, or
(i) any system acquired by sponsorship or donation and operated by the Town without a written
agreement specifying its purpose, data retention, and access.

Section 4. Acquisition and First Deployment
(a) Prohibition. While this bylaw is in effect, no Town officer, board, committee, or department
shall acquire, lease, borrow, accept by sponsorship, donation or grant, or deploy any new
surveillance technology, or submit an application for grant funding for new surveillance
technology, except as provided in subsection (b).
(b) Exception. The Select Board may authorize an exception to subsection (a) for a specific
system only if all of the following have occurred:
1. the Select Board has adopted a Surveillance Technology Policy meeting the requirements
of subsection (c), after a public hearing on the Policy and with the proposed Policy posted
on the Town website at least fourteen (14) days before that hearing;
2. the Policy and a written description of the specific system proposed have been posted on
the Town website at least fourteen (14) days before the hearing required by paragraph (3);
3. the Select Board has held a public hearing on the proposed system, which may be
combined with the hearing on the Policy required by paragraph (1); and
4. the Select Board has voted to authorize the system at a public meeting.
(c) Contents. A Surveillance Technology Policy shall specify, at a minimum: the categories of
surveillance technology it covers; the purposes for which such technology may be acquired and
used; the retention period for collected data and the method of deletion; the persons, agencies,
jurisdictions, and vendors that may access the data and the terms on which data may be shared;
the Town officer responsible for compliance; and the method by which use and compliance will
be audited or reported.
The written description of a specific system required under subsection (b)(2) shall describe the
technology, the purpose for which it is proposed, the data it will collect, how long that data will
be retained, and who will have access to it, including any external agency, jurisdiction, or vendor.

(d) Approval standard. The Select Board may authorize a system under subsection (b) only
upon written findings that the system addresses a specific and documented Town need, and that
the need cannot reasonably be met by means that collect, retain, or share less data about
identifiable individuals. The findings shall be included in the notice required under subsection
(f).
(e) Effect of a Policy. A Surveillance Technology Policy adopted under this Section authorizes
only those specific systems approved under subsection (b). It does not expire, suspend, or
otherwise limit the operation of this bylaw, which expires only as provided in Section 6.
(f) Notice of authorization. Within fourteen (14) days of granting an authorization under this
Section, the Select Board shall post notice of the authorization, together with the written findings
required under subsection (d) and the written description of the system required under subsection
(b)(2), on the Town website.

Section 5. Emergency Use
(a) Nothing in this bylaw limits, delays, or restricts the immediate operational response of any
Town public safety department, or its deployment of equipment lawfully in the Town's
possession, in response to an active and immediate threat to life, health, or safety, including
search and rescue operations, active threat response, and disaster response.
(b) Use of surveillance technology under this Section shall cease when the emergency conditions
justifying it have ended. Within fourteen (14) days of the cessation of such use, the department
head shall provide the Select Board with a written description of the technology used, the
circumstances, the duration of use, the data collected, and the disposition of that data. Continued
use beyond the emergency requires authorization under Section 4.

Section 6. Effective Date and Duration
(a) This bylaw shall take effect upon satisfaction of the requirements of M.G.L. c. 40, § 32,
including approval by the Attorney General and posting or publication as required by law.
(b) This bylaw shall expire upon the effective date of a general bylaw adopted by Town Meeting
that governs the acquisition, deployment, data retention, and data sharing of surveillance
technology, or on December 31, 2027, whichever occurs first.

Section 7. Construction
Nothing in this bylaw limits the lawful authority of the Chief of Police to direct the operations of
the Police Department or to use equipment lawfully in the Department's possession. This bylaw
regulates the process by which the Town acquires and first deploys new surveillance technology,

and is adopted pursuant to Article 89 of the Amendments to the Constitution of the
Commonwealth and M.G.L. c. 40, § 21.
Nothing in this bylaw shall be construed to prohibit any action required by state or federal law.
Any provision of this bylaw that conflicts with state or federal law shall not apply to the extent of
that conflict.

Section 8. Enforcement
(a) Any data collected in violation of this bylaw shall be deleted upon discovery.
(b) Data collected in violation of this bylaw shall not be used in any proceeding of the Town or
of any Town board, committee, or department.
(c) The Select Board, Town Administrator, or appropriate Appointing Authority may investigate
alleged violations of this bylaw and address compliance through existing Town personnel
policies, civil service regulations, and applicable collective bargaining agreements. Nothing in
this bylaw creates or modifies any term or condition of employment.

Section 9. Severability
The provisions of this bylaw are severable. If any section, subsection, sentence, clause, or phrase
is disapproved or deleted by the Office of the Attorney General, or is held invalid or
unconstitutional by a court of competent jurisdiction, that determination shall not affect the
validity of the remaining provisions, which shall remain in full force and effect.

Or take any other action relative waterthereto.

Recommendation:

3A

Littleton Select Board
AGENDA ACTION REQUEST

September 23, 2026

Public Health Nurse Intermunicipal Agreement
Requested by: Kelli Calo, Health Director

Action Sought: Vote

Proposed Motion(s)

MOVE that the Select Board approves the Intermunicipal Agreement between the Town
of Littleton and the Town of Acton for the provision of Shared Public Health Nurse
services.
(Board signatures required)

Additional Information
A copy of the intermunicipal agreement is included in the packet.
Key provisions include:
•

The nurse will be an employee of Acton, which will handle hiring, compensation,
benefits, payroll, and personnel administration. Littleton's Health Director will
participate in candidate review/consultation regarding any personnel changes.

•

Littleton will reimburse Acton for 33% of salary and benefits costs.

•

The nurse will perform a wide range of public health functions, including
communicable disease surveillance, case investigations, home wellness visits,
immunization clinics, tuberculosis monitoring, public health education,
emergency preparedness activities, community outreach, wellness clinics, grant
assistance, and coordination with health care and community partners.

INTER-MUNICIPAL AGREEMENT
BETWEEN THE TOWN OF ACTON AND THE TOWN OF LITTLETON
FOR A SHARED PUBLIC HEALTH NURSE
THIS AGREEMENT dated as of this 14th day of September 2026 (“Agreement”) by and between
the Town of Littleton, a Massachusetts municipal corporation having a usual place of business at Town
Hall, 37 Shattuck St # 207, Littleton, MA 01460, acting by and through its Select Board (“Littleton”), and
the Town of Acton, a Massachusetts municipal corporation having a usual place of business at 472 Main
Street, Acton, Massachusetts 01720, acting by and through its Select Board (“Acton”) (individually, a
“party” or collectively, the “parties”).
WITNESSETH THAT:
WHEREAS, Littleton and Acton desire to share the benefits and costs associated with a shared
Public Health Nurse position; and
WHEREAS, each of the parties has obtained authority to enter into this Agreement pursuant to G.L.
c.40, § 4A;
NOW, THEREFORE, in consideration of the premises set forth above and for other good and
valuable consideration the receipt and sufficiency of which are hereby acknowledged, the parties hereto,
intending to be legally bound, hereby agree under seal as follows:
1. Shared Public Health Nurse position. There is hereby established a position to be known as
the Shared Public Health Nurse.
a. Hiring/Firing/Review. The Shared Public Health Nurse shall be hired through the
standard personnel practice of Acton by the Acton Nursing Director. However, the
Littleton Health Director shall review all candidates for appointment and may attend and
participate in all candidate interviews. The Acton Nursing Director shall consult with the
Littleton Health Director prior to appointing a candidate to the position of Shared Public
Health Nurse. The Littleton Health Director shall be consulted prior to Acton making any
personnel changes in the position.
b. Duties. The Shared Public Health Nurse shall perform duties as required by state statute
and the respective local bylaws and regulations of Acton and Littleton, and as further
outlined in Appendix A. The Shared Public Health Nurse shall spend two thirds (2/3) of
their time performing services for Acton and one third (1/3) of their time performing
services for Littleton. Both Littleton and Acton shall provide an office space for the
Shared Public Health Nurse that may be used while working for the respective
municipality. The specific schedules shall be arranged by mutual agreement of the Acton
Nursing Director and the Littleton Health Director and in consultation with the Shared
Public Health Nurse.
c. Employment Status: For purposes of employment status and health, retirement and other
benefits, and immunities and indemnification as provided by law, the Shared Public
Health Nurse shall be considered an employee of Acton and shall be accorded all benefits
enjoyed by other Acton employees within the same classification as they are or shall be
established, including retirement benefits in the Middlesex County Retirement System,
Workers Compensation, health insurance, life insurance, Medicare, and Other Post
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Employment Benefits.
2. Cost Sharing: Littleton and Acton agree to share the costs of the Shared Public Health Nurse as
follows:
a. Salary and Benefits. Acton shall pay the compensation and benefits of the Share Public
Health Nurse, including the Middlesex County Retirement System, Workers
Compensation, health insurance, life insurance, Medicare, Other Post Employment
Benefit costs (collectively, “Salary and Benefits”). Littleton shall reimburse Acton for
thirty three percent (33%) of the Shared Public Health Nurse’s Salary and Benefits, in
accordance with the procedures of Section 2.c of this Agreement. A sample breakdown of
such allocation is provided in Appendix B.
b. Invoice and Payment. Within fifteen (15) calendar days after the commencement of a
fiscal quarter (i.e., 7/1, 10/1, 1/1 and 4/1), Acton shall provide Littleton with an invoice
for reimbursement of (1) the material, equipment and supply costs attributable to
Littleton in accordance with Section 2.a of this Agreement; (2) the portion of the Shared
Public Health Nurse’s Salary and Benefits attributable to Littleton in accordance with
Section 2.b of this Agreement; and (3) any other cost attributed to Littleton in accordance
with this Agreement or otherwise agreed to in writing. Within fifteen (15) calendar days
of receipt of the invoice, Littleton shall reimburse Acton.
3. Record Keeping. Acton shall maintain separate, accurate and comprehensive records of all
services performed for each of the parties hereto. Either party may conduct an audit of the
finances and costs related thereto. Littleton shall reimburse Acton for one third (1/3) of the cost
of preparing the annual financial report. Acton shall invoice Littleton for such costs in accordance
with Section 2.c. of this Agreement. Each party shall bear its own costs for conducting an audit,
unless otherwise agreed in writing.
4. Indemnification.
a. By Acton: To the extent permitted by law, Acton shall indemnify and hold Littleton
harmless from any and all claims related to employment or employee benefits,
collectively bargained or otherwise, made by the Shared Public Health Nurse prior to
the commencement of the Term of this Agreement. To the extent permitted by law,
Acton shall indemnify and hold harmless Littleton and each and all of its officials,
officers, employees, agents, servants and representatives from and against any claim
arising from or in connection with the performance by Shared Public Health Nurse of
their duties in or for Acton, including without limitation, any claim of liability, loss,
damages, costs and expenses for personal injury or damage to real or personal property
by reason of any negligent act or omission or intentional misconduct by the Shared
Public Health Nurse while in or performing services for Acton.
b. By Littleton: To the extent permitted by law, Littleton shall indemnify and hold
harmless Acton and each and all of its officials, officers, employees, agents, servants
and representatives from and against any claim arising from or in connection with the
performance by the Shared Public Health Nurse of their duties in or for Littleton
including, without limitation, any claim of liability, loss, damages, costs and expenses
for personal injury or damage to real or personal property by reason of any negligent act
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or omission or intentional misconduct by the Shared Public Health Nurse while in or
performing services for Littleton.
c. The indemnifications described above in Section 4.a and Section 4.b shall include,
without limitation, current payment of all costs of defense (including reasonable
attorneys’ fees, expert witness fees, court costs and related expenses) as and when such
costs become due and the amounts of any judgments, awards and/or settlements,
provided that (a) Acton and Littleton shall each have the right to select counsel to
defend against such claims, such counsel to be reasonably acceptable to the other party
and its insurer, if any, and to approve or reject any settlement with respect to which
indemnification is sought; (b) each party shall cooperate with the other in all reasonable
respects in connection with such defense; and (c) neither party shall be responsible to
pay any judgment, award or settlement to the extent occasioned by the negligence or
intentional misconduct of any employee, agent, official or representative of the other
party other than the Shared Public Health Nurse. By entering into this Agreement,
neither of the parties has waived any governmental immunity or limitation of damages
which may be extended to them by operation of law.
5. Term. The term of this Agreement (the “Term”) shall commence on the date of execution hereof,
and shall renew automatically, unless earlier terminated in accordance with Section 11 of this
Agreement.
6. Termination. The Term of this Agreement may be terminated by either party for any reason or
no reason on ninety (90) calendar days written notice to the other. No such termination shall
affect any obligation of indemnification that may have arisen hereunder prior to such termination.
The parties shall equitably adjust any payments made or due relating to the unexpired portion of
the Term following such termination.
7. Assignment. Neither party shall assign or transfer any of its rights or interests in or to this
Agreement, or delegate any of its obligations hereunder, without the prior written consent of the
other.
8. Severability. If any provision of this Agreement is held by a court of competent jurisdiction to
be invalid, illegal or unenforceable, or if any such term is so held when applied to any particular
circumstance, such invalidity, illegality or unenforceability shall not affect any other provision
of this Agreement, or affect the application of such provision to any other circumstances, and this
Agreement shall be construed and enforced as if such invalid, illegal or unenforceable provision
were not contained herein.
9. Waiver. The obligations and conditions set forth in this Agreement may be waived only by a
writing signed by the party waiving such obligation or condition. Forbearance or indulgence by
a party shall not be construed as a waiver, nor limit the remedies that would otherwise be available
to that party under this Agreement or applicable law. No waiver of any breach or default shall
constitute or be deemed evidence of a waiver of any subsequent breach or default.
10. Amendment. This Agreement may be amended only by a writing signed by both parties duly
authorized thereunto.
11. Governing Law. This Agreement shall be governed by and construed in accordance with the
substantive laws of the Commonwealth of Massachusetts, without regard to the conflicts of laws
3

provisions thereof.
12. Headings. The paragraph headings herein are for convenience only, are no part of this Agreement
and shall not affect the interpretation of this Agreement.
13. Notices. Any notice permitted or required hereunder to be given or served on either party by the
other shall be in writing signed in the name of or on behalf of the party giving or serving the
same. Notice shall be deemed to have been received at the time of actual receipt of any hand
delivery or three (3) business days after the date of any properly addressed notice sent by mail as
set forth below.
a. To Littleton. Any notice to Littleton hereunder shall be delivered by email or sent by
registered or certified mail, to:
James Duggan, Town Administrator
Town Hall
37 Shattuck St # 207,
Littleton, MA 01460
or to such other address(es) as Littleton may designate in writing to Acton.
b. To Acton. Any notice to Acton hereunder shall be delivered by hand or sent by registered
or certified mail, return receipt requested, postage prepaid, to:
Town Manager, John Mangiaratti
Acton Town Hall
472 Main Street
Acton, MA 01720
or to such other address(es) as Acton may designate in writing to Littleton.
14. Complete Agreement. This Agreement constitutes the entire agreement between the parties
concerning the subject matter hereof, superseding all prior agreements and understandings. There
are no other agreements or understandings between the parties concerning the subject matter
hereof. Each party acknowledges that it has not relied on any representations by the other party
or by anyone acting or purporting to act for the other party or for whose actions the other party is
responsible, other than the express, written representations set forth herein.

[INTENTIONALLY LEFT BLANK – SIGNATURE PAGE TO FOLLOW]

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WITNESS OUR HANDS AND SEALS as of the first date written above.

TOWN OF LITTLETON
By its Select Board

Gary Wilson, Chair

Charles DeCoste, Vice Chair

Mark Rambacher, Clerk

Karen Lee Morrison

Kyle Bubp
TOWN OF ACTON
By its Select Board

Alissa Nicol, Chair

David D. Martin, Vice Chair
Francesca Arsenault, Clerk

Dean A. Charter

Pam Nourse

5

Appendix A TOWN OF ACTON

Present Incumbent:

Date of last revision: January 2025

Title: Public Health Nurse
Reports to: Nursing Director in Acton and Health Director in Littleton
Salary Chart:

Job Grade:

SUMMARY: The Public Health Nurse will provide quality public health nursing care in the community and at
the Council on Aging.
SUPERVISORY RESPONSIBILITY: None
DISTINGUISHING CHARACTERISTICS OF POSITION:
Supervisory controls: Supervisor provides assignments, indicating generally what is to be done, setting priorities
and deadlines. Additional instructions are provided for new, difficult, or unusual assignments. Initiative is required
to carry out recurring assignments independently, referring deviations, problems, and unfamiliar situations to
supervisor for assistance. Employee is frequently required to work independently.
Guidelines: Specific, detailed guidelines covering most aspects of the assignment are provided. Employee adheres
to the guidelines, Town of Acton Personnel Administration Plan and major deviations must be authorized by a
supervisor.
Complexity: Work consists of duties that involve simple to complex-related steps and processes. Employee must
recognize differences among a few easily recognizable situations and make decisions based on various choices.
Complexity of work is more often on the complex side versus simple tasks.
Scope and Effect: Work requires the assessment of a variety of conditions and situations, formulating solutions,
making judgments, and evaluating the effectiveness of a care plan. Errors in judgment could seriously affect the
outcome to a client’s health and well-being and may cause poor public relations and significant legal
repercussions. Damage to medical equipment and the Point-of-Care device may be compromised if not used
correctly.
Personal Contacts/Purpose of Contacts: Contacts are with other employees within the department and in other
Town departments. At times, works with representatives of state agencies, outside medical personnel, and case
managers/social workers. Communication in person, by telephone and via standard communication (i.e. email).
Involves discussing simple to highly complex technical information as well as administrative information.
Physical Demands/Work Environment: Works is primarily active in a client’s home environment, as well as the
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office environment. Each client’s living space and living conditions will vary from client to client due top
diversity in population. Will be required to sit, stand, bend lift, kneel and move intermittently during the working
hours. Must be able to climb stairs. Must be able to relate to and work with ill, disabled, elderly, emotionally upset
and at times hostile people. May be exposed to infectious waste, diseases, conditions, etc.
KNOWLEDGE, SKILL AND ABILITY:
Knowledge - Knowledge of statutes, bylaws, regulations, policies and procedures relevant to
nursing care. Knowledge of home health and medical practices and procedures, as
well as laws, regulations, and guidelines. Knowledge of HIPPA and patient privacy
regulations
Skill -

Strong interpersonal skills. Skill in seeking out new methods and incorporating them
into existing nursing practices. Must be able to deal effectively with emotionally
demanding and stressful situations in home and workplace. Must maintain an
accurate schedule.

Ability -

Ability to work effectively with a diverse range of citizens. Ability to read,
understand, interpret, and apply town and state and federal laws, regulations,
policies, and standards related to Public Health Nursing. Ability to read and interpret
technical papers. Ability to identify and analyze issues and develop appropriate
recommendations. Ability to communicate effectively and efficiently verbally and in
writing in a private setting. Ability to function professionally. Ability to work
effectively under time constraints to meet deadlines. Ability to move intermittently
throughout the workday and be capable of lifting and/or transferring patients. Ability
to maneuver patients to the weight of equivalent of 50 lbs. Ability to follow
infection control practices.

MINIMUM ENTRANCE REQUIREMENTS: Must have an RN degree from an accredited college or
university. Minimum of 2 years of public health nursing experience or related work. Must possess current
licensure as a registered nurse by the Board of Registration in Nursing in Massachusetts. CPR certified. Valid
Driver’s License.
PREFERRED QUALIFICATIONS:

DETAILED JOB DUTIES: The Shared Public Health Nurse shall spend two thirds of their time assisting
residents of Acton and one third of their time assisting residents of Littleton. The Shared Public
Health Nurse will be provided an office in each community. The Shared Public Health Nurse will
take direction and supervision from the Littleton Health Director when providing services for
Littleton and the Acton Nursing Director when performing services for Acton.
•
•
•

Provides surveillance of reportable infectious diseases under the direction of the Massachusetts
Department of Public Health.
Completes case investigation and enters data into MAVEN (the Massachusetts Virtual
Epidemiologic Network).
Confers with Board of Health and health care providers in managing cases.
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•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•

Implements Department of Public Health guidelines in event of an outbreak of communicable
diseases.
Makes home visits to residents with TB. Provides direct observational therapy and case
management.
Works in conjunction with community partners (schools, nonprofits, and healthcare facilities) and
town offices (fire/police/social work/COA/BOH) to identify and meet public health needs within
the community.
Develops, researches and conducts health education presentations and discussions. Provides
current health education materials.
Coordinates, plans, and executes immunization clinics. Supervise clinical volunteers at these
clinics. Document all immunizations given using the state MIIS program.
Maintains the immunization compliance and provides homebound residents with vaccines.
Home Wellness Visits and Home Safety Checks.
Participates in the Hoarding Task Force
Works closely with Public and Private school nursing departments, as permitted by law
At a minimum in each town Blood Pressure/Wellness Clinics at least two times a month.
Participates in Town Health and Safety Fairs.
Coordinates/communicates with other MA Public Health Nurses.
Attend continuing education courses and professional development activities to improve own
skills and to maintain professional certification and keep current on public health/health care
practices and policy.
Respond to public health issues and emergencies including emergency call backs. Participate in
drills, tabletop exercises or other emergency preparedness events as needed.
Mentor community health nursing student interns in collaboration with various higher education
institutions.
Research and assist in application for grant funding for community health prevention and
education programs.
Performs all other duties as required.

Department Head Signature

Date

Employee Signature

Date

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Appendix B
Sample Budget and Reimbursement Schedule
Public Health Nurse’s Salary and Compensation

Yearly Salary
Fringe
Health
Medicare 1.45%
Life insurance
Hourly rate

$108,221.10
$12,561.12
$1,569.21
$39.60

Total: $14,169.93

Total Hours

$57.81
Acton 66.7%
23 hours weekly

Littleton 33.3%
13 hours weekly

Total Salary paid by town

$72,183.47

$36,037.63

Fringe by town

$9,451.34

$4,718.59

Total by town

$81,634.81

$40,756.21

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